The Government has responded to a consultation paper published
by the European Commission on copyright reform. That consultation
asks whether the European Union's Copyright Directive should be
amended to introduce exemptions for 'user-created content'.
User-created content can include individuals' use of
professionally-produced music, film, video or images for a new or
different purpose to the original.
The Government rejected proposed changes that would exempt such
users of copyrighted material from restrictions in copyright
law.
"The suggestion for an exemption for user-created content seems
to create a distinction between those who use and those who create
works, which in many cases is not justified," said the Government's
response to the Commission's consultation.
"Another significant concern is the extent to which such an
exemption might allow others to use the works in a way that the
existing rights holders do not approve of and the impact that
exemptions in this area might have on remuneration," it said.
The Government suggested that legislators focus more on
improving licensing of material by copyright owners to allow other
people to make works using parts of their content. It said that
companies had already found some success in negotiating such
agreements themselves.
"In addition to the 'Creative Commons' licence we have seen the
2007 agreement between [music licensing body] the MCPS-PRS Alliance
and YouTube which enables YouTube users to include certain musical
works in their video clips under a licence given to YouTube," said
the Government. "In considering any possible exemptions in this
area it is important to consider carefully the potential impact on
existing rights holders, in terms of both commercial and
non-commercial [user-generated content]," it said.
The Commission's consultation is designed to help it review the
EU's Copyright Directive and it focused particularly on when people
should be exempt from copyright laws.
The consultation asked whether some of the exemptions which
countries are allowed to include in their own copyright laws be
mandatory. The Government said that not enough work and research
had been done to ascertain whether or not that was wise.
The Government had the same view in relation to exemptions for
libraries and for schools, though it did say that there were bodies
which were worried that a clarification of educational exemptions
to copyright law could lead to a widening of those exemptions.
The Government said that any plans to make it compulsory to
provide material in specific formats for disabled users should be
resisted.
"We do not believe that stipulating formats in law will be
helpful," said the Government's response. "Keeping legislation up
to date with changes in technology is likely to be extremely
difficult, and locking particular technologies into a legal
framework could hamper efforts to deliver improvements."
The Government did back the creation of one new exemption,
though. The EU's Database Directive does not have an exemption for
people with disabilities in the way that the Copyright Directive
and copyright laws have. The Commission asked whether a new
exemption in that Directive should be created. The Government said
it should.
"Subject to evaluation of the impact of making such an
amendment, it would seem appropriate to ensure that the same
conditions apply to an exception including databases as apply to
the current exemption dealing with other works," it said.
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