Exciting times in the world of copyright!

As Bob Dylan once said, “The Times They Are A-Changin'”!

Back in May 2011 Professor Ian Hargreaves’ Independent Review of Intellectual Property and Growth put forward recommendations to the Government, who responded in December 2012.

The report identifies the following main areas to be considered in ensuring the UK’s copyright framework is made more flexible, modern and robust:

  • Private copying
  • Quotation, reporting current events and speeches
  • Parody, caricature and pastiche
  • Research and private study
  • Data analytics for non-commercial research
  • Education
  • Copyright exceptions for people with disabilities
  • Archiving and preservation
  • Public administration

The Intellectual Property Office has in the last few weeks been releasing draft legislation for comment. IAML (UK&Irl) has been responding on behalf of music libraries in the UK, but individual institutions may also wish to submit written comments. The present batch of exceptions out for consultation is likely to be of interest to the readership of this blog as the exceptions relate to education, research, libraries and archives.

To summarize some of the main points:

  • There is a general move (with a few exceptions) toward stipulating that legislative exceptions cannot be overridden by contract terms
  • Copying for the purpose of instruction has been widened beyond educational establishments
  • There has been an expansion to the percentage of works that can be copied for instruction
  • There is no longer a distinction between “reprographic” and “non-reprographic” copying, and some exceptions have been widened to include supply via electronic means (e.g. VLEs)
  • There is greater flexibility in the format in which written declaration forms for copies made under “library privilege” can be accepted
  • There are increased possibilities for libraries to make preservation copies

The deadline for response to this technical consultation is 2nd August 2013, and replies should be sent to copyrightconsultation@ipo.gov.uk

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