IFRRO Legal Issues ForumBrussels – 9 June 2011

Martin Delaney

Legal Director

Hargreaves Review

Copyright laws are “today obstructing

innovation and economic growth”

(but there is to be no “fair use” exception)

Copyright Licensing – a Moment of Opportunity

Key Recommendations

• Digital Copyright Exchange to be created; Digital Economy Act Provisions (“DEA”) to be implemented

• Orphan Works to be enabled by Extended Collective Licensing

• Cross Border Licensing – UK should support EU to establish necessary

framework

• Collecting Societies to be subject to Codes of Conduct

• Copyright exceptions – mainly Gowers – to be implemented, but some new exceptions

• IPO to focus on central task of ensuring that the UK IP system promotes

innovation and growth

Digital Copyright Exchange (“DCE”)

• To be ‘facilitated’ but not built or managed by government

• Will provide higher level of incentives to participating rightsholders

• DEA sanctions could be limited only to works available through DCE

• Could be an authorising body for Orphan Works

Key Recommendations

• Digital Copyright Exchange to be created ; Digital Economy Act Provisions (“DEA”) to be implemented

• Orphan Works to be enabled by Extended Collective Licensing

• Cross Border Licensing – UK should support EU to establish necessary

framework

• Collecting Societies to be subject to Codes of Conduct

• Copyright exceptions – mainly Gowers - to be implemented, but some new exceptions

• IPO to focus on central task of ensuring that the UK IP system promotes

innovation and growth

Orphan works to be enabled by Extended Collective Licensing (“ECL”)

• Following diligent search of databases included in DCE

• But DCE could be an authorising body for Orphan Works

• Review supports ECL generally in UK but no further specific recommendations

• Probably overtaken by EU Draft Directive.

Key Recommendations

• Digital Copyright Exchange to be created ; Digital Economy Act Provisions (“DEA”) to be implemented

• Orphan Works to be enabled by Extended Collective Licensing

• Cross Border Licensing – UK should support EU to establish necessary framework

• Collecting Societies to be subject to Codes of Conduct

• Copyright exceptions – mainly Gowers - to be implemented, but some new exceptions

• IPO to focus on central task of ensuring that the UK IP system promotes

innovation and growth

Cross Border Licensing – UK should support EU to establish necessary

framework

• EU should enable “one-stop-shop” licensing

Key Recommendations

• Digital Copyright Exchange to be created ; Digital Economy Act Provisions (“DEA”) to be implemented

• Orphan Works to be enabled by Extended Collective Licensing

• Cross Border Licensing – UK should support EU to establish necessary

framework

• Collecting Societies to be subject to Codes of Conduct

• Copyright exceptions – mainly Gowers - to be implemented, but some new exceptions

• IPO to focus on central task of ensuring that the UK IP system promotes

innovation and growth

Collecting Societies to be subject of Codes of Conduct

• CMOs to compete on overheads, efficiency and service delivery

• CMOs to publish clear comparable tariffs to allow rights owners and users to choose

Key Recommendations

• Digital Copyright Exchange to be created ; Digital Economy Act Provisions (“DEA”) to be implemented

• Orphan Works to be enabled by Extended Collective Licensing

• Cross Border Licensing – UK should support EU to establish necessary

framework

• Collecting Societies to be subject to Codes of Conduct

• Copyright exceptions – mainly Gowers - to be implemented, but some new exceptions

• IPO to focus on central task of ensuring that the UK IP system promotes

innovation and growth

Copyright exceptions – mainly Gowers to be implemented

• Format shifting – focus of course is on music

• Parody

• Library archiving/mass digitisation

• “fair dealing” to cover all classes of © works (e.g. sound recordings)

• New exceptions for text/data mining and for uses enabled by new technology (“non-consumptive use)

• © Exceptions not be overridden by content

• But nothing on distance learners

Key Recommendations

• Digital Copyright Exchange to be created ; Digital Economy Act Provisions (“DEA”) to be implemented

• Orphan Works to be enabled by Extended Collective Licensing

• Cross Border Licensing – UK should support EU to establish necessary

framework

• Collecting Societies to be subject to Codes of Conduct

• Copyright exceptions – mainly Gowers - to be implemented, but some new exceptions

• IPO to focus on central task of ensuring that the UK IP system promotes innovation and growth

IPO to focus on central task of ensuring that the UK IP system promotes innovation

and growth

• IPO decisions and advice to be based on objective economic evidence balanced against benefit and impact on © owners and users

• Empowered to issue “statutory opinions” to clarify © law

• Powers to report on activities detrimental to competition and consumer welfare and to make recommendations to competition authorities