1 Information Online 2009 Rights management – does copyright still matter in the 21st century? 20 January, 2009 Caroline Morgan General Manager, Corporate Relations Copyright Agency Limited

2 “The internet is a copy machine.” - Kevin Kelly, founding editor of Wired magazine

Characteristics of internet content  User Generated Content  Abundance of content  Culture of sampling and sharing  Role of intermediaries (eg; search engines) 3

Solution = blame the copyright system 4

5 The arguments  #1: Copyright hampers innovation and creative reuse of content  #2: People need accessible content. Copyright leads to ‘digital lock-up’

6 Argument #1: Copyright hampers innovation  What does copyright do? It provides a way for creators to be associated with their works and to control and get paid for the use of their works if they wish to – isn't that still important?

7 Payment  “Audiences WANT to pay creators” - Kevin Kelly, founding editor of Wired magazine  According to Kelly, in the digital environment users will pay only if it is easy, reasonable and they can be sure the money goes directly to the creator

8 Payment  Radiohead’s 2007 album In Rainbows  Customers chose price – option to pay nothing  Record of the Day’s online survey found the average price was £3.88

9 Creative freedom  YouTube Partner Program : “cash in on your creativity”  Creators of original content share in advertising revenue from their YouTube videos  Thousands of participants, some earning substantial incomes  Creators have the capacity to earn an income online when they legitimately own their content

10 So how can we develop these licensing systems ?  Collecting societies  Managing the use of copyright content  Transition of collective licensing systems onto the internet

11 Licensing music  iTunes – creators get paid via collective management agreements  The Mechanical Copyright Protection Society (MCPS) and Performing Rights Society (PRS): UK collecting societies for songwriters, composers and music publishers  2007 – MCPS-PRS Alliance agrees to license 10 million+ pieces of music to YouTube  50,000 members to be paid when their creative works are used on YouTube across the UK

12 CAL’s contribution  CAL manages the copying of print material and distributes payments to creators  CAL’s Electronic Use System (EUS) captures electronic copying and communication of copyright material by educational sector  Creators paid for the use of their blogs and other content in education

New marketplace developments  Google’s 2008 settlement with authors and publishers  If approved by the Court: – Google will compensate copyright owners – Google will pay to establish a Book Rights Registry to locate and distribute payments to copyright owners and enable rightsholders to request inclusion or exclusion  A form of collective management 13

Argument #2: People need accessible content. Copyright leads to ‘digital lock-up’  Copyright and Digital Rights Management (DRM) = ‘digital lock-up’?  Copyright is a system of balancing the needs of creators and users  DRM tools that ‘lock-up’ content 14

The copyright balance  The copyright system offers varying mechanisms for access and use: - limited term of use - protects expression not ideas - applicable to a ‘substantial part’ - exceptions and limitations 15

16 Exceptions  The ‘three-step test’  Do we need a new international instrument on exceptions and limitations? Or is the three- step test enough?

17 Access under the current system  The educational statutory licence  Balancing the copying needs of educational institutions with the rights of creators

18 Other solutions  Statutory licence, administered by CAL for the print disabled  CAL is developing solutions for the print disabled in consultation with the print disability sector and CAL members (copyright owners)

19 The ‘digital lock-up’  Access controls one aspect of rights management  But rights management also includes tools to access and locate content…

20 Automated Content Management  Digital technology provides the opportunity to embed identifiers = automated “rights” management  What needs identifying? – PRODUCTS – ISTC – PEOPLE - ISNI – TRANSACTIONS – ACAP

21 ISTC  The International Standard Text Code (ISTC) is a numbering system developed to identify of “textual” works not their “manifestations”  The ISTC identifies the text of the work itself, not a physical product  The ISTC facilitates the exchange of information and reduces errors and duplication

22 International Standard Name Identifier (ISNI)  A new ISO standard called ISNI is under development  The ISNI takes into account different roles – it’s a name identifier not a party identifier

23 Automated Content Access Protocol (ACAP)  Global permissions tool  Search engine web-crawlers remain compliant with the policies publishers attach to content  Publishers control online content from misuse  Users access reliable published content, without need to interpret legal terms of copyright material

The copyright balance To ensure that copyright remains relevant, we need:  Quick and simple licensing  Adequate enforcement measures  Better understanding of the flexibilities in the current copyright system  Tools to locate content and identify licensing terms 24

25 Thank You