Hargreaves Report: Government implementation plan awaited
1 July 2011
Government response is awaited to the Hargreaves report on copyright on which industry response has been cautious since publication on 18 May 2011. Andrew Yeates, IP Advisor to the PPA, summarises the report’s findings thus:
The Review’s specific recommendations would support growth of the UK’s increasingly intangibles intensive economy. This requires:
• an efficient digital copyright licensing system, where nothing is unusable because the rights owner cannot be found;
• an approach to exceptions in copyright which encourages successful new digital technology businesses both within and beyond the creative industries;
• a patent system capable of preventing heavy demand for patents causing serious barriers to market entry in critical technologies;
• reliable and affordable advice for smaller companies, to enable them to thrive in the IP intensive parts of the UK economy;
• refreshed institutional governance of the UK’s IP system which enables it to adapt organically to change in technology and markets.
PPA’s response and summary can found at:
The full report can be viewd at The full report can be viewed at http://www.ipo.gov.uk/ipreview-finalreport.pdf
In a joint submission, the Newspaper Society and the Newspaper Publishers Association point out that UK newspaper publishers invest over £1bn per annum in developing high quality content which is republished across a multiplicity of distribution platforms.
They argue that this investment must be underpinned by effective legal protection so that publishers can be confident of their ability to use and disseminate the content created by them and their employees in any appropriate way, allowing the freedom to innovate and develop.
The joint NS and NPA submission can be viewed at
Laurence Kaye, Principal, Laurence Kaye Solicitors, has published the following:
Posted: 18 May 2011 08:40 AM PDT
The Hargreaves Report was published today: Download A Review of Intellectual Property and Growth (2). You can also read the IP Minister’s accompanying message here: Download Message from Baroness Wilcox Minister for Intellectual Property. The the team led by Professor Hargreaves are to be congratulated for delivering the Report virtually on time.
The Report is over 100 pages and, in addition to proposed changes to UK copyright law, will also set the tone for the UK’s approach to legislative change at a European level, notably in respect of the proposed solution for ‘orphan works’ based on diligent search and collective licensing.
Big caveat: I have only had time to take a very quick glimpse at what is a very important body of work, which of course goes well beyond copyright to other areas of IP. With that caveat, here are some ‘topline’ comments.
Broadly, the Hargreaves Report will be welcomed by the creative industries, but there are some real concerns, if not devils, in the detail on copyright law. ‘21st century licensing’ is the focus of its proposed changes to copyright, where the aim is to make the system work in line with current technology. Dealing with orphan works, cross-border licensing and its proposal for a Digital Copyright Exchange all come within this category.
That said, there are some important changes proposed to copyright exceptions, including a limited ‘format shifting’ exception for private non-commercial purposes and a proposed exception for parody. There are some other changes to copyright exceptions proposed as well, picking up from the Gowers Report and a significant proposed, and potentially controversial one, for ‘data mining’ and also recommendations about extended collective licensing. Importantly, the Hargreaves Report rejects the Google-inspired idea of importing the US ‘fair dealing’ exception into UK copyright law.
A more detailed analysis will follow, weighing ‘winners’ and ‘losers’ across the copyright spectrum.
An excellent article is published on FT.Com.
INNOVATION ‘DEMANDS OVERHAUL OF UK COPYRIGHT LAW’
By Maija Palmer, Technology Correspondent Published: May 18 2011 11:52 | Last updated: May 18 2011 14:05
The UK’s copyright laws need to be overhauled to encourage innovation and economic growth, according to a government-commissioned report published on Wednesday.
However, such reforms would stop short of adopting a US-style “fair use” policy, which allows limited use of copyright material without permission from the owners.
This article can be found at:
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Copyright The Financial Times Ltd 2011