Date 10 August 2011
A recent speech by Vince Cable has highlighted proposed changes to the law, which will make it legal to rip music CDs for private use and carry out other acts of private copying. It is certainly true that such copying is technically illegal under current legislation, but since no cases were ever brought in these circumstances, the importance of this development can be overstated. However, other potentially more far-reaching changes are afoot in the world of intellectual property.
Cable’s speech set out the government’s response to the outcome of the Hargreaves Review – a 130 page report called ‘Digital Opportunity: A Review of Intellectual Property and Growth’.
The government has accepted all of the report’s ten recommendations, one of which was the creation of a private copying right. Other important proposals include the following:
- The creation of a Digital Copyright Exchange; a digital market place where licences in copyright content can be readily bought and sold.
- Specific new rights to allow for the parody of copyright works without having to obtain licences.
- New licensing and clearance procedures for so-called ‘orphan works’, those with unknown copyright holders.
- Changes freeing up new search and analysis techniques used by research scientists, that are currently hampered by copyright restrictions.
The report is upbeat on the positive effect such changes could have on the economy. However, although bringing the law into line with established practice in the area of private copying is welcome, it is less clear how the further reaching proposals, such as the Digital Copyright Exchange, will work in practice. It therefore seems unlikely these will be up and running any time soon.
If you would like more information or advice relating to a specific matter, please do not hesitate to contact Nathanael Young on 01727 798000 or by email at nathanael.young@salaw.com.
© SA LAW 2011
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