In a recent international survey released by Consumers International (www.consumersinternational.org/media/694498/ipwatchlist2011-engrvsd.pdf), the UK was voted as one of the 'worst' countries in the world in relation to how the country's IP laws treat consumers. The results of this survey are not surprising. In recent years, UK copyright law has been criticised as being unnecessarily strict and out of date.
The absurd (and much-discussed) result of current copyright legislation – the Copyright, Designs and Patents Act 1988 – is that consumers are likely to break the law when they undertake what is considered 'reasonable every-day activities' such as copying their CDs and DVDs onto their personal iPods and computers; using digital music players to format-shift their music; or making back-up copies of their music and e-books.
The 1988 Act includes 'fair dealing' provisions which give potential copyright infringers a narrow set of protections.However, it is recognised the current laws are not quite sufficient to strike the balance between protecting the interests of copyright holders and, at the same time, allowing consumers to take advantage of new technology and supporting businesses that respond to consumers' demands for innovative products.
In light of the growing resentment of UK copyright laws, groups such as Consumer Focus and the Open Rights Group are calling for broader, US-style 'fair use' provisions which would keep the law in line with technology (http://www.consumerfocus.org.uk/news/uk-copyright-law-abjectly-failing-consumers-according-to-international-survey.The 'fair use' provisions would allow for a wider range of situations in which copyright material could be used without the copyright holder's permission, while still protecting the interests of rights-holders.
Concerns raised by such consumer advocacy groups reflect concerns raised by David Cameron in his speech in London in November 2010 (http://www.number10.gov.uk/news/speeches-and-transcripts/2010/11/east-end-tech-city-speech-56602).Cameron explained how Google said they could not have founded their company in the UK as the copyright laws are too restrictive. Google's search service is based on taking a 'snapshot' of all the content on the Internet at one time, so is in essence a style of mass copying.These 'fair use' provisions in US copyright law, many believe, lead to a more balanced system which allows search engines and software developers to flourish. The provisions are also vital for non-technology industries such as newspaper publishers. With a view to setting up the UK as a more attractive place for businesses to grow and flourish, Cameron aims to review UK copyright law in order to encourage creative innovation by giving companies 'more breathing space to create new products and services'.We now await the report which should inform us what, if any, changes will be made to UK law to achieve this aim.
© Thorntons Law LLP
Claire Shepherd
28 April 2011.