Copyright exceptions and contract in the UK: the impact of recent amendments

In June and October 2014 a number of amendments to the Copyright, Designs and Patents Act 1988 came into effect, introducing new copyright exceptions and amending several existing exceptions. Whilst following recent judicial review the private copying exception has been quashed, many of the remaining new exceptions significantly alter the relationship between copyright exceptions and contract, making contractual terms unenforceable where those terms restrict users from taking advantage of an exception. This paper explores the rationale for the UK amendments and considers whether the changes, as implemented, prevent rightsholders from contracting out of exceptions and whether they increase the clarity of the copyright system.

The economic impact of consumer copyright exceptions:a literature review

Advances in the technology available to consumers have fundamentally altered the relationship between authors, rights-holders and consumers with regard to copyrighted creative works. The copyright system in the UK is undergoing a gradual process of reform to reflect this new reality.

Library exceptions in the copyright laws of Ibero-American countries

The development of the digital setting has made it absolutely necessary to revise copyright legislation as a whole, including the exceptions that benefit libraries and similar institutions. Unfortunately, adaptation to the new technological reality is not taking place satisfactorily in most countries - the predominating trend is a refortification of copyright as opposed to user interests, and the maintenance of a certain pre-digital philosophy. In the case of Ibero-America the problem is twofold: aside from obsolescence or a lack of adaptation to the new technological setting, there are countries that have not yet included library-related exceptions in the national laws. Moreover, these happen to be developing countries, whose needs and interests do not coincide with those of the richer nations who paved the path to be followed by international treaties and copy- or copyright agreements. This study looks into the situation of exceptions to copyright to benefit libraries in the countries constituting Ibero-America, with a comparative analysis of the most significant characteristics of their national laws. It is concluded that it is crucial for these countries to take advantage of the options offered through the WIPO Copyright Treaty of 1996 and the results of the WIPO Development Agenda to update their legislation, in order that copyright will be respected, while at the same time making it easier for libraries to continue carrying out their social function in an adequate manner, always with the understanding of the developmental context of these countries.

Copyright in the EU Digital Single Market. Report of the CEPS Digital Forum. June 2013

The scope and enforcement of copyright in the digital environment have been among the most complex and controversial subjects tackled by lawmakers all over the world for the last decade. Due to the ubiquitous use of digital technology, modern regulation of copyright inherently touches on numerous areas of law and social and economic policy, including communications privacy and Internet governance. Modernising the EU’s copyright framework is considered a key step towards achieving the goal of an EU Digital Single Market in the context of the ‘Digital Agenda for Europe’, an initiative launched by the European Commission in May 2010. How can the EU make copyright fit for purpose in the Internet age? What are the most suitable and realistic policy options to achieve the objective of a Digital Single Market in the creative content sectors? To give comprehensive answers to these questions, the CEPS Digital Forum formed a Task Force on Copyright in the EU Digital Single Market to foster a multi-stakeholder dialogue on the major challenges for copyright law in the online content sector today. Drawing on the discussions and input gathered by the Task Force, this report contains the conclusions and policy recommendations organised around three main themes: licensing rules and practices in the online music and film sectors, the definition and implementation of copyright exceptions in the digital environment and the present and future of online copyright enforcement in Europe.

Comics, Copyright and Academic Publishing

This article considers the extent to which UK-based academics can rely upon the copyright regime to reproduce extracts and excerpts from published comics and graphic novels without having to ask the copyright owner of those works for permission. In doing so, it invites readers to engage with a broader debate about the nature, demands and process of academic publishing.

Copyright Bites

Copyright Bites is a series of short videos that makes copyright law and policy easier to understand. With a distinctive visual vocabulary and style, the series explores the relationship between copyright and the public domain both of which are essential in fostering creativity and the creation of new work. It concerns how creators exploit and protect their work, as well as when it is okay to copy and re-use the work of others without having to ask for permission and without having to clear rights. Copyright is extremely important; but so too is the public domain.

Archives and Copyright: Risk and Reform

This paper considers the place of the archive sector within the copyright regime, and how copyright impacts upon the preservation, access to, and use of archival holdings. It begins with a critical assessment of the current parameters of the UK copyright regime as it applies to the work of archivists, including recommendations for reform that have followed in the wake of the Gowers Review of Intellectual Property (2006-2010), the Hargreaves Review of Intellectual Property and Growth (2010-2011), the Consultation on Copyright (2011-12), as well as the government’s response thereto: Modernising Copyright (2012). It considers the various problems the copyright regime presents for archives undertaking mass digitisation projects as well as recent European and UK initiatives in this domain. It argues that the UK copyright regime, even when read in conjunction with current national and regional recommendations for reform, falls short of delivering a legal framework that would enable archivists to realise the full potential that comprehensive, universal online access to the country’s archival holdings would contribute to local and national democracy and accountability, to education, learning, and culture, and to the sense of identity and place for local people, communities and organisations. Ultimately, a case is made for the differential treatment of archives within the copyright regime – different, that is, from libraries and other related institutions operating within the cultural sector. The paper concludes with a policy recommendation that would greatly enhance the ability of archives to provide online access to their holdings, while at the same time safeguarding the economic interests of the authors and owners of copyright-protected work.

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.

New laws for author's rights: adequate for digital preservation?

Introduction. Besides technical and economic-organisational problems, digital preservation also faces legal issues, especially regarding copyright legislation, since all digital preservation strategies involve copying materials and/or using software which is typically copyrighted. The purpose of this paper is to ascertain the extent to which current copyright laws meet the preservation requirements of library materials..Methodology. A cross-sectional analysis of recently updated national copyright laws as well as the impact of the other two protection methods: contractual and technological.Results. Even after the latest updates current copyright legislation is almost useless for digital preservation activities since the opportunities provided by WIPO Copyright Treaty to adapt and extend copyright exceptions and limitations have been used to the full.Conclusion. We need a legislation reform that will make it possible to carry out all required copying and communication activities and software use, even if circumventing technological protection is needed. But that is not enough for licensed works. The best solution for this kind of work is to include specific clauses in the licences that facilitate preservation activities. Thus, cooperation between both parties, libraries and rights' holders, is essential.

The Game is On! The Adventure of the Girl with the Light Blue Hair

The Game is On! is a series of short animated films that put copyright and creativity under the magnifying glass of Sherlock Holmes, providing a unique, research-led and open access resource for school-aged learners and other creative users of copyright. Drawing inspiration from well-known copyright and public domain work, as well as recent copyright litigation, these films provide a springboard for exploring key principles and ideas underpinning copyright law, creativity, and the limits of lawful appropriation and reuse.

Each episode comes accompanied by a number of related Case Files: supplementary educational materials aimed at suggesting points of discussion about copyright for teachers and students.

The Statute of Anne and the Great Abridgement Swindle

There are many things that we know about the Statute of Anne with reasonable certitude. We know that it was prefaced by a period of sustained lobbying on the part of the book trade. We know that on January 11, 1710 a bill was introduced in the House of Commons in response to this lobbying and that, less than three months later, on April 5, 1710, the act that is now commonly referred to as the Statute of Anne was passed. And we also know that the Act that was passed differed in many significant respects from the bill as it was originally introduced to parliament.
There are, however, many things that we don't - or can't - know about the Statute of Anne. This article considers one of those things that we don't or can't know; the extent to which the Act was intended to regulate the unauthorised production of derivative versions of published work (in this case, abridgements) if, indeed, it was intended to regulate the production of such works at all.

Display At Your Own Risk: An experimental exhibition of digital cultural heritage

Display At Your Own Risk is a research-led exhibition experiment concerned with the use and reuse of digital surrogates of public domain works of art produced by cultural heritage institutions of international repute. This publication is issued in conjunction with the open source exhibition, available at: displayatyourownrisk.org.

Display At Your Own Risk

Display At Your Own Risk (DAYOR) is a research-led exhibition experiment featuring digital surrogates of public domain works of art produced by cultural heritage institutions of international repute. The project includes a gallery exhibition, an open source version of that exhibition intended for public use, and two online publications: the Exhibition Catalogue, and a companion Metadata Book.

The Game is On! The Adventure of the Six Detectives

The Game is On! is a series of short animated films that put copyright and creativity under the magnifying glass of Sherlock Holmes, providing a unique, research-led and open access resource for school-aged learners and other creative users of copyright. Drawing inspiration from well-known copyright and public domain work, as well as recent copyright litigation, these films provide a springboard for exploring key principles and ideas underpinning copyright law, creativity, and the limits of lawful appropriation and reuse.

Each episode comes accompanied by a number of related Case Files: supplementary educational materials aimed at suggesting points of discussion about copyright for teachers and students.