Copyright is what makes creation commercial. It gives creators control of their creations, and protects against theft. Essentially, it helps creative professionals make a living. But it is under threat.
The Enterprise and Regulatory Reform Bill is currently passing through parliament, largely unnoticed by the general public. But a series of clauses in the bill dramatically undermine copyright law and pose a silent but deadly threat to the commercialization of creative content.
There are several clauses for concern. Clause 67 enables government ministers to make copyright exceptions via secondary legislation, sidestepping the usual parliamentary scrutiny. This far-reaching clause leaves copyright law open to attack.
Clause 68 addresses the reduction of the term of copyright, yet is so vague in its terms of application that a number creators could see their rights removed. The government maintains that the clause enables the digitisation and preservation of old material. While this may be true, for those trying to make a living in the creative industries today, when it comes to clause 68 the devil is in the detail. Or lack thereof.
Clause 69 details the use of orphan works and introduces Extended Collective Licensing, which allows commercial use of creative works unless their creator has actively opted out of all ECL schemes. Another silent threat.
Having defeated threats to copyright in 2010, rights owners, trade bodies and agencies have rallied together once again to protest against the bill, drumming up support for the protest group Stop43.
Attempting to amplify their cries against the silent threat, a consortium of news agencies has thrown down the gauntlet, intending to launch a Judicial Review. But despite all the noise, the bill has continued to progress through parliament.
If successful, the bill could have an enormous negative effect on the revenues made from creative content. Passivity will see this bill pass quietly through parliament; the creative industries must make take action before they lose their rights.
If you or your company work within Perseverance Works your local MP is
Meg Hillier, might be worth letting her know that creating digital content is how you make your living.
For further information see:
Stop43:
http://www.stop43.org/
http://www.stop43.org.uk/pages/pages/illustrations.html
http://www.stop43.org.uk/pages/pages/key_contacts.html
Pressgazette
http://www.pressgazette.co.uk/news-agencies-fear-over-impact-copyright-law-proposals
http://www.pressgazette.co.uk/content/huge-and-hidden-story-government-private-property-grab