Intellectual Property

Flexibility

The 10 recommendations relating to the flexibility of the IP system and the timetable for initial action.

RecommendationTimeframe for initial action
Recommendation 8:
Introduce a limited private copying exception by 2008 for format shifting for works published after the date that the law comes into effect. There should be no accompanying levies for consumers.
Consultation will be launched 8 January 2008
Recommendation 9:
Allow private copying for research to cover all forms of content. This relates to the copying, not the distribution, of media.
Consultation will be launched 8 January 2008
Recommendation 10a:
Amend s.42 of the CDPA by 2008 to permit libraries to copy the master copy of all classes of work in permanent collection for archival purposes and to allow further copies to be made from thearchived copy to mitigate against subsequent wear and tear.
Consultation will be launched 8 January 2008
Recommendation 10b:
Enable libraries to format shift archival copies by 2008 to ensure records do not become obsolete.
Consultation will be launched 8 January 2008
Recommendation 11:
Propose that Directive 2001/29/EC be amended to allow for an exception for creative, transformative or derivative works, within the parameters of the Berne Three Step Test.
Recommendation is to the European Commission
Recommendation 12:
Create an exception to copyright for the purpose of caricature, parody or pastiche by 2008.
Consultation will be launched 8 January 2008
Recommendation 13:
Propose a provision for orphan works to the European Commission, amending Directive 2001/29/EC.
Recommendation is to the European Commission
Recommendation 14a:
The Patent Office should issue clear guidance on the parameters of a ‘reasonable search’ for orphan works, in consultation with rights holders, collecting societies, rights owners and archives, when an orphan works exception comes into being.
Will be dependent on outcome of Rec.13
Recommendation 14b:
The Patent Office should establish a voluntary register of copyright; either on its own, or through partnerships with database holders, by 2008.
End 2008
Recommendation 15:
Make it easier for users to file notice of complaints procedures relating to Digital Rights Management tools by providing an accessible web interface on the Patent Office website by 2008.
End 2008
Recommendation 16:
DTI should investigate the possibility of providing consumer guidance on DRM systems through a labelling convention without imposing unnecessary regulatory burdens.
End 2008
Recommendation 17:
Maintain policy of not extending patent rights beyond their present limits within the areas of software, business methods and genes.
Noted

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