Hargreaves implementation: Copyright
- latest news
on progress of Exceptions to Copyright regulations
has today 7 March provided an update on the progress of new exceptions to copyright regulations, in
response to a written parliamentary question.
a technical review in the summer of 2013, the Government has made a number of technical changes to the
draft regulations. The regulations are now subject to final checking, and in accordance with routine
practice the Department is currently consulting the legal advisers to the Joint Committee on Statutory
Instruments. This advance scrutiny process usually takes a period of at least two sitting weeks. The
regulations will be laid before Parliament and published as soon as this process is complete.
Government also confirmed that it will be publishing a full response to the technical review, explanatory
notes, guidance and other supporting documents alongside the regulations, and that all of these documents
will be made publicly available on our website.
full response to the Parliamentary question can be read on the Parliament website.
of first Copyright notice on digital images, photographs and the internet
use of social media becomes ever more widespread, the IPO has published new guidance for people who
use, upload and link to images and photos on the web - whether for business or personal use. You can
find this information on Copyright notice 2014.
year, IPO asked people
to tell us what areas of copyright law they found confusing, so we could publish practical guidance
in the form of a Copyright notice. Having reviewed the requests
that have been received, the IPO has now published its first Copyright notice, covering use of images
and photos on the internet.
Copyright notices aim to
clear and non-technical guidance that people can use with confidence. IPO would be interested
in hearing your feedback on this one. Email us
to tell us what you
think or to ask for more information. You can also suggest topics for future Copyright notices via our
secondary legislation to regulate collecting societies laid in Parliament
February 2014) draft secondary legislation, to be known as The Copyright (Regulation of relevant licensing
bodies) Regulations 2014, along with an Explanatory Memorandum and revised Impact Assessment have been
laid in Parliament. These draft Regulations have been made using a power in the Enterprise and Regulatory
Reform Act . They are intended to support a system of self regulation by collecting societies (the "relevant
bodies" in the regulations) by giving Government powers to close any gaps that may emerge in the
framework. This should improve the efficiency of collective licensing and strengthen confidence in the operation
of collecting societies, delivering benefits for members and users of collecting societies.
draft regulations have been updated to take account of feedback received from the technical review and
further legal scrutiny. The main changes are:
- The ability to require a licensing
body to modify only parts of a code of practice rather than having to compile a completely new code
- A new condition which gives the licensing
opportunity to amend its code of practice within 49 days after being notified that it does not comply
with the specified criteria. (Regulation 3).
to a collecting society to submit a compliant code after a direction has been issued by the Secretary
of State has been extended to 49 days from 28 days (Regulation 4).
of the total amount payable in default fines (Regulation 10).
addition of new appeal right which allows an appeal to be made against the imposition of a financial
penalty as well as the amount (Regulation 12).
The draft Regulations will
be subject to the 'affirmative' approval procedure. This means that they will only become law after they have been debated and approved by both Houses of
Parliament. The exact timing of this process will depend on parliamentary workload, but we anticipate the Regulations
will come into force on the April 2014 common commencement date.
further information please see the draft regulations and consultation.
consultation on the draft secondary legislation for both the UK orphan works licensing scheme and the
transposition of the EU Directive on certain permitted uses of orphan works (2012/28/EU)
works are copyright works (such as books, photographs, films and music) for which one or more of the
copyright owners cannot be found. If someone wants to copy a work to use it in a book, an exhibition, on a website or in a documentary,
they need to obtain permission from the rights holders (creators, publishers, broadcasters etc). At present, if the work is an orphan then it cannot be reproduced lawfully.
Government's orphan works scheme aims to address the issue of reproducing works when rights holders
cannot be found. The UK wide scheme provided under the Enterprise and Regulatory Reform
Act 2013 , allows for the commercial and non-commercial use of any type of orphan work, by any
applicant, once they have undertaken a diligent search for missing rights holders and paid a licence
Alongside the UK scheme, the Government is implementing the complementary
works Directive . This will allow publicly accessible archives to digitise certain works and to display them on their
websites for access across the EU.
This technical consultation is seeking
views on the legal effectiveness, structure and effect of the draft secondary legislation only. The
overall policy is outside the scope of this consultation.
date for comments is Friday, 28 February 2014.
For further information,
please see the consultation (875Kb). An interactive response form (66Kb) is
consultation on draft secondary legislation for extended collective licensing (ECL) schemes
is a type of licensing that allows an authorised collecting society to extend an existing collective
licence so that it can license on behalf of all rights holders in the sector, except those who opt out. While traditional collective licensing relies on rights holders opting in by giving the collecting society
express permission to license their works, ECL assumes that rights holders want their works to be licensed,
unless they opt out.
ECL is one of the measures the Government is introducing
to simplify the licensing system. Along with several other measures in the Enterprise
and Regulatory Reform Act 2013 , it will help make copyright licensing more efficient and remove
unnecessary barriers to the legitimate use of works, while preserving the interests of right holders.
technical consultation is on the draft secondary legislation, to be known as The Copyright (Extended
Collective Licensing) Regulations. The Government is inviting respondents to submit substantive comments
on the legal effectiveness, structure and effect of the regulations only. The policy is out of scope
of this consultation.
Please submit written comments by midday on 28
For further information please see the consultation.
secondary legislation to regulate collecting societies
societies license a range of copyright works. Efficient licensing benefits both their members and their licensees. The Government’s policy intention
is to strengthen confidence in the operation of collecting societies in support of these benefits. As such, it has taken a power in the Enterprise and Regulatory Reform Act that requires
collecting societies to self-regulate in the first instance. The power also allows the Government to make secondary legislation to remedy and, where warranted, penalise
gaps in self-regulation.
The draft secondary legislation,
to be known as The Copyright (Regulation of relevant licensing bodies) Regulations 2014 is the subject
of this consultation.
Given the extensive formal consultation
on the policy and discussions about it, including in the Codes Working Group, respondents are invited
to submit substantive comments on the legal effectiveness of the regulations only. The policy is out of scope of this consultation.
invited to submit written comments by midday on 7 October 2013.
information please see the consultation.
30 July 2013, the
IPO launched the copyright
service that lets people ask the Government to clarify unclear copyright law.
and consumers have told the Government that they are sometimes confused about how copyright works in
practice. The Government wants to make it easier for these people to understand copyright law and be
able to use copyright works with confidence.
The new copyright notices
service is asking people to tell the Government what aspects of copyright law are unclear, and the problems
that this causes them. By using an online form, businesses and consumers can request guidance on particular
topics. Taking account of the issues raised, the Government will publish clear and impartial guidance,
in the form of a copyright notice.
legislation to modernise copyright exceptions published for technical review
second batch of drafts has now been published for review and includes the exceptions
for data analysis for non-commercial research, changes to the exceptions for education, and also amendments
to exceptions for research, libraries and archives.
draft for the disability exception will be released in the coming weeks.
are invited to submit any written comments as soon as you are able. The closing date for written comments
on these exceptions is 2 August 2013
legislation to modernise copyright exceptions published for technical review
we made a commitment that we would give everyone an opportunity to comment on the detail of the draft
legislation implementing changes to copyright exceptions.
first batch of drafts have now been published for review and include the exceptions
for private copying, parody, quotation and public administration. Drafts for the other exceptions will
be released as soon as they are ready.
You are invited
submit any written comments as soon as you are able. The closing date for written comments on the first
four exceptions is 17 July 2013.
Enterprise and Regulatory Reform Act 2013 -Your photos and you
note sets out how the Enterprise and Regulatory Reform Act 2013 will affect photographers. Although
it is now law, it will only have an impact once rules for orphan works and extended collective licensing
schemes have been developed, fully consulted on and approved by Parliament, which will not happen before
There have been several reports and commentaries
in the media incorrectly
claiming that new Orphan Works provisions in the ERR Act will remove the automatic right to copyright
for owners of photos posted online. In fact:
powers will not remove
copyright for photographs or any other works subject to copyright.
They will not allow
anyone to use a copyright work without permission and free of charge.
licence will be needed to use a work as an "orphan". This requires an applicant to undertake
search for the copyright holder, which the Government appointed independent authorising body will have
to verify, and then pay a fair price for the licence.
contains a number of protections for photographers and other creators, described in the document below.
the detailed rules are being developed with representatives of the photography sectors and other stakeholders.
You will also have the opportunity to have your say on the draft Rules in a public consultation.
facts on some of the more common misunderstandings of the Act have been put together in a myth
information document (94Kb).
- Changes to create greater freedom to
Thursday 20 December 2012, the Government published the final part of its response to its Copyright
"Modernising Copyright: a modern, robust and flexible framework (664Kb)".
response sets out Government decisions on changes
to the framework for 'copyright exceptions'. These changes will introduce greater freedoms in copyright
law to allow third parties to use copyright works for a variety of economically and/or socially valuable
purposes without the need to seek permission from copyright owners. Protections for the interests of
copyright owners and creators are built in to the revised framework.
Government is committed to achieving strong, sustainable and balanced growth that is shared across the
country and between industries. These changes will be good both for creators and users of copyright
Government will bring forward secondary legislation
to introduce these changes in 2013. Prior to this, the Government will publish the draft regulations for technical review.
assessments associated with this document are available on the professional side of our website.
- Minimum standards for UK collecting
Government has today published the minimum standards (360Kb) which
underpin the self-regulatory framework for collecting societies. The minimum standards, which cover fairness, transparency, and good governance, are intended to form
the basis of collecting societies’ individual codes of practice. An initial review of these codes will be undertaken by an independent code reviewer in November 2013,
one year after launch.
The minimum standards have been
developed in conjunction with collecting societies and users as part of the Government’s consultation
on copyright reforms. They are intended to be a living document and will evolve to take account of market
The Government is currently taking legislation
through Parliament that includes provision for a backstop power that will require a collecting society
to adopt a code of practice if its self-regulatory code fails. The consultation on codes of practice concluded that one year was a sufficient period of time for collecting
societies to put in place codes that comply with these minimum standards.
Copyright Exchange feasibility study
Today, 31 July 2012, Richard
Hooper published Copyright works: streamlining copyright licensing for the digital age
- Phase 2 report (1.28Mb) on the Digital Copyright Exchange.
to Copyright Consultation
Thursday 26 July 2012, the Government published the responses it received during its consultation on
Copyright. The Government received 471 responses from interested parties.
submitted responses, with the exception of confidential submissions, are listed
order by surname or company/organisation name.
The Government had initially
planned to publish the full set of responses alongside its summary (440Kb) published on
14 June 2012. However,
in the course of reviewing the responses received, it became clear that a small number of respondents
had advanced criticisms or inappropriately criticised the activities of others in the sector. The Government
now carefully reviewed the submissions to establish any potentially defamatory material and has redacted
any inappropriate or defamatory comments. Signatures or personal telephone numbers and email addresses
have also been redacted for information security purposes.
organisations submitted after the consultation closed, and their late submissions
are also available
in the Intellectual Property Office website.
Policy Statement: Consultation
on modernising copyright
2012, the Government published a policy statement on modernising
copyright licensing (406Kb) in light of the recent consultation. The
Government also published updated impact assessments on each of the three proposals
in the policy statement.
Government intends to legislate as soon as possible to:
- allow schemes to be introduced for the commercial and non-commercial use of ‘orphan’ copyright
works and voluntary extended collective licensing of copyright works, subject to a number of important
- to create a backstop power
to require collecting societies to adopt codes of conduct based on minimum standards.
also sets out the broad parameters that the Government intends to set for these schemes.
Enterprise and Regulatory Reform Bill currently going through Parliament, provides such an opportunity
and the Government plans to lay amendments to introduce these measures in the Committee Stage of the
Bill. Once the necessary legislation is in place, there will be further consideration of the details of all
these measures, generally through consultation, before the final schemes are laid before Parliament
On a separate issue not covered by the
policy statement, the Government will take a power in the Bill to implement into UK law EU Directive
2011/77/EU on the term of protection for sound recordings, which was agreed in Brussels in late 2011.
Government has welcomed the views of the Business, Innovation and Skills Committee on this area of work,
and is considering its recommendations.
on other issues covered by the consultation - including the Government’s plans to modernise copyright
through changes to the UK’s copyright exceptions and the proposed copyright notices scheme - will be
set out in a subsequent document later this year. Announcements on other work undertaken in response
to the Hargreaves Review will be made separately.
on Copyright: Summary of
Thursday 14 June 2012, the Government published a summary of responses (440Kb)
received during its consultation
Copyright. The Government received 471 responses
from interested parties.
This document is a summary
of what respondents to the Consultation have said on each of the proposals. It is purely a factual document,
and does not contain any policy decisions or announcements.
as a result of the consultation will be announced as soon as possible.
Government had planned to publish the full set of responses alongside its summary. However, in the course
of reviewing the responses received, it has become clear that a number of respondents have advanced
criticisms of the activities of others in the sector, and the Government is reviewing the submissions
to establish there is no potentially defamatory material in anything it may publish. Once these issues are resolved the Government will publish as many responses as it is able to do without
the risk of legal recourse.
The Government would like
to thank all those who took the time to contribute to the Consultation.
- Digital Copyright Exchange feasibility
27 March 2012, Richard Hooper published Rights
and Wrongs: is copyright licensing fit for purpose for the digital age? - Phase
1 report (954Kb) on the
Digital Copyright Exchange.
consultation on copyright closed on 21 March 2012. The Government will publish an analysis of responses
within 3 months of this date.
- Notes of Copyright Consultation Events
like an update on what's been going on at our events we have now started to publish
readouts of the meetings.
The Digital Copyright Exchange
(DCE) feasibility study will
consider options for developing a functional digital market in rights clearance and a source of information
about rights ownership, as recommended by the Hargreaves Review of Intellectual Property and Growth
and accepted by the Government.
Today, 14 December 2011, Baroness Wilcox, the Minister
for Intellectual Property, launched a Government consultation seeking views
on the Government’s proposals for implementing a number of the recommendations, relating to Copyright,
it accepted in its response to the Hargreaves Review of IP and Growth.
further information, please read the press release issued on 14 December.
Hooper to lead Digital Copyright Exchange feasibility study
Secretary Vince Cable announces the appointment of Richard Hooper to lead a feasibility study on developing
a Digital Copyright Exchange in the UK.
about Richard's appointment.