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

2. 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
19 February 2019

3. 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
19 February 2019

4. 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 (?)
19 February 2019

5. 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
19 February 2019

6. 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
19 February 2019

7. 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!
19 February 2019

8. 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
19 February 2019

9. 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
19 February 2019