UK Opens Second Stage Of Copyright Consultations

by Robin Pilgrim, LawAndTax-News.com, London

15 December 2009

The UK Intellectual Property Office (IPO) has opened the second stage of a consultation looking at specific amendments to UK copyright legislation, as identified by Andrew Gowers in his review of intellectual property.

The proposed changes will allow the use of sound recordings, films and broadcasts which are not currently covered by the exceptions in the copyright legislation. It is hoped that, when enacted, the reform will better reflect the needs of a modern education system.

The Digital Economy Bill, introduced in parliament last month, looks at enforcement and some specific issues around licensing and access to works that have been brought into sharp relief by the emergence of digital platforms in particular.

"It is vital that universities, schools and libraries have the tools to equip the students of today with the skills they need to complete their studies," the UK IPO noted in a statement.

The main proposals include:

• Educational Exceptions – to facilitate distance learning and the use of "interactive whiteboards."
• Research and Private Study Exception – allowing all forms of content to be used in the course of study or research, if the student or researcher is linked to an educational establishment.
• Archiving and Preservation Exception – enabling appropriate organizations to make copies of all works in their permanent collections for archival purposes, format shifting where necessary.

"Digitizing culturally important works is necessary to prevent precious works becoming obsolete," the UK IPO added. "By improving the ability of museums, galleries, libraries and archives to preserve these works, they will be able to ensure the survival of a rich cultural heritage for the benefit of future generations."

The Gowers Review, published in December 2006, concluded that the UK has a fundamentally strong IP system, but set out important targeted reforms which sought to achieve a balance of strengthening IP protection while encouraging innovation. One of the review's key recommendations was enabling access to content for libraries and education establishments, to ensure that the UK's cultural heritage can be adequately stored for preservation and accessed for learning. The review recommended clarifying exceptions to copyright to make them "fit for the digital age."

The UK IPO received 250 responses from the first stage of the consultation. Comments on the second consultation on the proposed legislative changes must be made by March 31, 2010.

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