Copyright and Parody:Taking Backward the Gowers Review

In 2006 the Gowers Review of Intellectual Property made a series of recommendations for reforming the intellectual property regime to better serve the interests of both consumers and industry. Among the proposed recommendations was that an exception for parody be introduced within the Copyright Designs and Patents Act 1988. In January 2008 the Intellectual Property Office (the IPO) launched the first part of a two-stage consultation process on exceptions to copyright. As part of that consultation process, the IPO proposed a ‘fair dealing style exception’ for parody, and sought views on whether a new exception should be introduced as well as what form it might take. In December 2009 the IPO launched the second stage of this consultation process. The second consultation document rejected the case for a new parody exception. This article considers the place of parody within the copyright regime and the objections levelled against the introduction of an exception set out within the IPO's second consultation document. It invites the IPO to reconsider its decision not to recommend the introduction of a specific exception for parody within the UK.

Commentary on the Calico Printers' Act 1787

Legislation conferred exclusive rights lasting two months on those first printing 'new and original' patterns on linens, cottons, calicoes and muslins.
The commentary describes the background to the Act, the challenge which the Northern cotton and printing industry presented to those printing fashionable cottons and calicoes in London, as well as the significance of the cotton industry to the British economy in the late eighteenth and early nineteenth century. Against this backdrop, the commentary also explores why it was that the protection provided by the legislature was limited to two months only, by comparison with the more generous copyright terms provided by the Statute of Anne 1710 (uk_1710) and the Engravers' Acts (uk_1735; uk_1766; uk_1777).

Commentary on the Models and Busts Act 1798

The first occasion on which British copyright law provided protection for a medium other than print. The legislation conferred exclusive rights lasting 14 years on persons who created new models or casts of human or animal figures.
The commentary describes the background to the Act, in particular the lobbying efforts of the artist and sculptor George Garrard, as well as the subsequent case-law, highlighting flaws in the drafting that lead to a further act in 1814. The commentary argues that while the 1798 Act is pre-modern, in the sense of having a reactive and subject-specific remit, by severing copyright from its print basis, the Act paved the way for the emergence of the modern image of copyright as concerned with the promotion of ‘art and literature'.