The Government has published a paper outlining new policies on
copyright. It said the paper was necessary because digital
technology is fundamentally changing the relationships between
consumers, producers and copyright law.
"Digital technology means access to information on a vast
scale," said David Lammy, minister of state at the Department for
Innovation, Universities and Skills. "It has changed the way people
publish and consume works. It allows anyone and everyone to make
and distribute quick, cheap and totally accurate copies."
"Consumers have reached out to grab the potential of this new
technology. The copyright debate, once in the hands of the
professionals of the creative industries, is now a debate for
everyone. Businesses and governments have seen the challenges but
have been slow to respond," he said.
The Government's response is to intervene to attempt to help
users of copyrighted material and owners of the copyrights to
better negotiate deals.
It will produce model contracts which it hopes will be easily
adaptable to specific situations to ensure that a contract covers
use of copyrighted material.
"The Government will draw together a group to develop model
contracts or contract clauses that strike a fair balance between
the rights of creators and publishers, which will form a benchmark
for good practice," said its strategy paper. "These should include
alternatives based on licensing of rights to publishers as well as
assignment of rights, including reversion of rights where works are
no longer being made available."
Copyright law restricts the use of material by people other than
the rights holder but it has exceptions, situations in which users
can use the material without the permission of or payment to the
rights holders.
The Government has said that it could legislate to reinforce
exceptions and ensure that they are accounted for in copyright
contracts.
"Contracts are an important way of dealing with some of the
complexities of copyright, as they can provide a degree of
definiteness," said the paper. "However, some institutions such as
libraries and archives are concerned that contracts undermine the
exceptions that simplify and guarantee access to works."
"The Government will help bring together public institutions and
publishers to establish guidelines on how contracts should reflect
copyright exceptions," it said. "If agreements cannot be reached,
the Government will consider the case for legislation to resolve
the issues, within the scope of exceptions permitted in
Europe."
It said that the Government would like to see co-ordination
across the European Union to clarify the status of copyright
exceptions.
"Copyright exceptions have the potential to simplify use of
copyright works for consumers, educators and researchers. There are
limits to what the UK can or should do within the current European
regime for copyright exceptions. The Government would look
favourably on moves towards a pan-European approach to copyright
exceptions for the digital age," it said,
The paper also called on the EU to debate increasing the number
of activities that users of copyrighted materials can undertake
without payment or permission.
"The scope [A broad exception to copyright for non-commercial
use] would be decided in Europe; possibilities include: creating
mash-ups of sound and/or images for personal use, such as sampled
music or putting a sound-track to family photos; format-shifting
from CDs to MP3 on computer, phone or player; sharing mash-ups and
photos with friends and family," said the paper.
It conceded, though, that such a widening of permitted
non-commercial use would require "an element of fair compensation
for any loss" to rights holders. It made no suggestions about how
that might work.
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