Picture of Owen Atkinson

Copyright is a term most people don’t fully understand; and most will probably never need to. But if you are a writer, copyright is vital to ensuring you can protect your work from being appropriated by others, and be fairly paid for its use. So it is crucial to understand what copyright means and why it is so important, particularly in light of digital developments.

Copyright legislation in the UK is covered by the Copyright, Designs and Patents Act of 1988. Copyright protects the intellectual and economic rights of creators – writers’ ability to make money from their creations. Copyright owners have exclusive rights in their work. These include the right:

  • To copy a work
  • To issue copies of the work to the public (including by rental or lending)
  • To perform, show or play their work in public
  • To broadcast the work or make it available online
  • To adapt the work or do any of the above in relation to the adaptation

What’s this ‘Hargreaves review’ I keep hearing about?

Now we are well and truly in the digital age, the relevance and suitability of current copyright legislation has been called into question. In November 2010, the Coalition Government commissioned Professor Ian Hargreaves to carry out a review of the extent to which the current intellectual property framework promotes or hinders UK economic growth. Professor Hargreaves’ report, Digital Opportunity: A Review of Intellectual Property and Growth, was published in May 2011, and made ten recommendations designed to ensure that the UK has an IP framework that will support innovation and promote economic growth in the digital age. The Government has said that it supports the majority of Hargreaves’ recommendations. ALCS believes that some of them are timely and make common sense. Others are very consumer-driven, and not necessarily in the best interests of writers.

Which of Hargreaves’ recommendations do writers need to know about?

  1. The Digital Copyright Exchange
    Hargreaves suggests creating a Digital Copyright Exchange (DCE); a sort of ‘one stop shop’ where consumers and other parties would be able to access details of the rightsholders in a particular work, and clear rights for its use.

  2. Orphan works
    ‘Orphan works’ are works where the rightsholder cannot be identified after a ‘diligent’ search has been carried out. Orphan works can include books, audio books, journal articles, academic papers and scripted material for radio and television broadcast. In October the Government published proposals for an orphan works scheme that would allow for their cultural and commercial use.

  3. Out of commerce works
    Hargreaves also recommends permitting the voluntary adoption of extended collective licensing models where works are deemed to be ‘out of commerce’. This could enhance the services that licensing bodies could offer for mass-digitisation projects for example. But when exactly is a work out of commerce? When a publisher has it on its database but it isn’t in its warehouse or any shops? When a work isn’t in general circulation but can be obtained through print on demand? Exactly how long is a digital life? All these questions need careful consideration.

None of this sounds very controversial. Are there any recommendations that writers should be getting hot under the collar about?

Yes. In a nutshell, they should take exception to exceptions! The Government has said it wants to allow “the widest possible exceptions to copyright within the existing EU framework” in order to promote economic growth. Despite this, one of the key proposals – the introduction of a private copying exception – disregards the requirements of EC law for an accompanying fair compensation scheme for authors. The Government is also keen to allow more exceptions to copyright in the fields of non-commercial research, library archiving and works of parody.

Does the Government not care about protecting writers’ work then?

The Government clearly has ambitions to make it easier for consumers to access content in the digital environment. There is a general feeling, however, that the current copyright framework has proved a successful system, which now needs adapting to take account of digital developments. Most parties agree that digital licensing schemes urgently need to be developed to allow the public efficient access to creators’ works in return for fair payment. The Review’s ambitious proposal for a Digital Copyright Exchange could hold the solution to this. Many questions still remain about how it would be run.

So there may be some changes on the horizon and the more we do to point out the continuing importance and relevance of copyright, the better for all writers.

What does ALCS make of it all?

ALCS welcomes the opportunity to work with the Government and other industry partners to develop ways to provide easier access to writers’ works, as long as they receive fair compensation. That way they can go on creating the works that people want from them.

However, we are concerned that the Government’s stated aim of developing ‘the widest possible exceptions to copyright within the existing EU framework’ may have a negative effect on writers’ livelihoods. Current UK educational licensing schemes, such as those provided by the CLA and the Educational Recording Agency (ERA) (see our ‘Guide to copyright organisations’ below), provide access to written and broadcast works, on terms that reward writers, thereby providing the incentive for further creation. These schemes are based on frameworks established under current UK copyright exceptions and are already evolving to meet the demands of the digital environment.

The review of intellectual property and growth by Ian Hargreaves refers to copyright infringement as “a stubborn fact of the digital landscape which might well get worse and which justifies serious Government effort in identifying the right mix of measures to address it”. At ALCS we believe that such an effort has been urgently needed for some time and we look forward to working with the Government and industry partners to find effective solutions to this concern.

CEO of ALCS, Owen Atkinson sums up the ALCS’ response to the review: “It is excellent news that the Government is trying to address issues around copyright, bearing in mind the changing technology which facilitates easy abuse of the system. However, we are concerned at the tone of the proposals around extended copyright exceptions as we believe authors have the right to receive fair remuneration for the use of their work, online or otherwise.”

What does ALCS plan to do now?

At ALCS we have always believed that individual writers should have the right to decide what happens to their work. They may choose to earn money from its use or they may decide to give it way for nothing; this is the creator’s own prerogative.

Regardless of the differing view-points, ALCS believes it is essential for writers to retain the right to decide, and we will continue to campaign hard for this above all else.

In the immediate future, a number of proposals from the Government, particularly in relation to those controversial copyright exceptions, are due out this autumn, and ALCS is waiting to learn the extent of them.

We will work with partner organisations and cross industry bodies such as the British Copyright Council to formulate responses to proposed changes to the copyright framework. We will also meet with representatives from the Intellectual Property Office to examine the detail underlying the policy proposals and impress upon them the importance of maintaining a system that protects and promotes writers’ rights.

The review by Ian Hargreaves made the important point that there needs to be more education about copyright. Raising the profile of copyright among the general public will continue to be a crucial aspect of ALCS’ work, particularly in relation to young people who have grown up in a digital environment where access to content is so easy. (See our Education, education, creation feature for more on our current educational initiatives.)

What about the All Party Writers Group?

Members of the APWG have been very active in debates surrounding the review of intellectual property and growth by Ian Hargreaves and related issues of fair use, online piracy and copyright law. John Whittingdale MP, Chair of the APWG, pointed out to Members that the review by Ian Hargreaves is phrased in fairly high-level terms, and much will depend on the detail that will eventually emerge. The Group believes that managing the balance between support for new licensing models, such as the proposed Digital Copyright Exchange, and a more liberal approach to copyright will be crucial in determining how these measures will ultimately affect writers. Like ALCS, it has concerns that ‘widening exceptions’ to copyright could result in writers not being fairly remunerated, and in the light of this will keep a close eye on future Government plans. The APWG will meet again at the House of Commons in December to review its areas of focus for 2012.


What can I do to help?

If you support the principles of copyright, it’s never been more important to write to your MP and tell them so. But don’t just take our word for it. Here’s Joan Smith; novelist, columnist and human rights activist on why putting pen to paper is so vital (and yes, we mean pen to paper).

“Whenever I talk to MPs and ministers about copyright, they say they get very little mail from constituents on the subject. But they get plenty of material from anti-copyright campaigners, claiming that legal protection for writers is holding back the ‘creative economy’.

A letter (old-fashioned post carries much more weight than an email) to your MP explaining why copyright matters will make him/her take notice. Several letters are enough to make your elected representatives worry that they’ve missed something.

It doesn’t have to be long – better if it isn’t, in fact. Make it personal, explain why copyright matters to you and the future of writing in this country. If authors don’t get paid when their work is used, many will not be able to continue writing. It’s as stark as that.

Please take ten minutes to tell your MP that’s the situation. And please let ALCS know how he or she responds.”

You can forward your MP’s responses to communications@alcs.co.uk or by post to the Writers’ House.

Joan Smith
Non-executive ALCS Board Director

 

Guide to copyright organisations

British Copyright Council (BCC) www.britishcopyright.org
A national consultative and advisory body representing creators and a pressure group for change in copyright law
Copyright Licensing Agency (CLA) www.cla.co.uk
Licenses organisations to copy and re-use print and digital publications, and then ensures their creators are rewarded accordingly
Educational Recording Agency (ERA) www.era.org.uk
Licenses educational establishments to record, for non-commercial purposes, the broadcast output of ERA’s members.