The Strategic Content Alliance A presentation on the work of the SCA

The Strategic Content Alliance Updates about the Gowers Review of IP and EC Green Paper on Copyright in the Knowledge Economy Professor Charles Oppenheim IPR Consultant www.jisc.ac.uk/contentalliance 19 February 2019

POSSIBLE FORTHCOMING CHANGES TO THE LAW Topics covered Gowers Review of IP EC proposal regarding extension of term of sound recordings etc EC Green Paper on Copyright www.jisc.ac.uk/contentalliance 19 February 2019

Generally was satisfied with current UK IP environment GOWERS REVIEW REPORT Gowers Review of IP Stressed importance of legislative framework, balanced, flexible and fit for the digital aim Generally was satisfied with current UK IP environment Made a large number of media-specific and user-specific recommendations covering all sorts of topics, format shifting, copying for preservation purposes etc The first consultation was on just one part of the Gowers report, i.e., possible changes to exceptions to copyright SCA response to Gower’s Review of IP Shared declaration from bodies across public sector Review does not go far enough Orphan works, contract law overriding copyright law not addressed Second consultation expected in late Autumn (?) www.jisc.ac.uk/contentalliance 19 February 2019

SOUND RECORDINGS TERM Sound Recordings and Performers' Rights: Extension of Term EU proposes an extension to 95 years (currently 50 years) Gowers commissioned independent research that showed that such an extension was neither necessary nor desirable EU is responding to lobbying by major music companies But proposal is highly controversial and has attracted a lot of negative comments from legal and economics experts If passed (by no means certain), could have a significant effect on repositories collecting sound recordings; digitisation, etc. Decision of European Parliament due very soon SCA response to proposed extension of term Shared declaration from bodies across public sector Focus on additional obstacles which public sector bodies would face Potential for additional resource burdens as a result Potential for creation of more orphan works www.jisc.ac.uk/contentalliance 19 February 2019

GENERAL REVIEW OF COPYRIGHT LAW BY THE EU EC Green Paper on Copyright At the moment only at discussion document stage Not clear what changes to the law, if any, might result, or when Reference to non mandatory provisions (Article 5) within Info Soc Directive 2001/29 Main discussion points – should these exceptions be made mandatory? What should we do about Orphan Works? What is the role of licences? Opportunity for discussions about need for a balanced, harmonised approach across Europe that is fit for digital age SCA Approach: Maximising opportunities and realising benefits Approach to co-ordinate responses across Europe Work collectively to find common solutions Raise profile to legislators as well as within our own organisations Initiation of campaign over forthcoming months www.jisc.ac.uk/contentalliance 19 February 2019

The future of UK Copyright Law All of these initiatives mean that the current law, with all its uncertainty and failure to take into account modern circumstances, is likely to remain in a state of flux for a while yet A Statutory Instrument implementing the Gowers exceptions items expected in coming weeks All the indications are that the Government has listened to rights owners’ lobbying and will water down the Gowers recommendations in the SI This is despite the fact that the Government initially “accepted” all the Gowers recommendations! www.jisc.ac.uk/contentalliance 19 February 2019

The Strategic Content Alliance Next steps for IPR work in respect of legal changes Maintain close watching brief on developments Lobbying and advocacy in liaison with other interested parties Further dissemination events Response to second Gowers consultation when that document appears Response to European Parliament’s vote on extension of term of sound recordings, if necessary www.jisc.ac.uk/contentalliance 19 February 2019

The Strategic Content Alliance That’s all folks! Thank you for listening Any questions or comments? For further information please contact….. Charles Oppenheim Strategic Content Alliance, IPR Consultant c.oppenheim@btinternet.com www.jisc.ac.uk/contentalliance 19 February 2019