IPO issues alert on copyright
Photographers could lose out in the UK government's bid to change the country's copyright system. Olivier Laurent explains how you could be affected
The British government has made firm its commitment to reshaping the current copyright system with broad-ranging changes as well as the creation of a new licensing agency.
Following months of consultations and more than 140 responses from the creative industries, the Intellectual Property Office, under the impulsion of Culture Minister David Lammy, has unveiled its plan for reform.
BJP was the only photography publication to participate in the consultation, submitting a report of the inadequacies of the current copyright system to protect photographers' work.
Now, the UK government says it 'is prepared to change UK law if needed, or to build consensus for change in international copyright frameworks', it says in the latest IPO report, dubbed (c) the way ahead.
The action responds to changes of behaviour resulting from the internet, which made it easier for consumers to access copyrighted works. 'This has brought to the fore existing tensions between incentives for authors, publishers and investors, and the desire for access to works by a wide range of users,' the report reads.
The consultation also showed that many authors, such as photographers, 'felt the balance of power with publishers was not in their favour and that they gave too much control of their work to others. This was a particular issue for photographers,' it says.
For consumers of copyrighted works, the report says that people 'do not understand why they should have to pay for using works in the "cut and paste" world in which we live.'
In effect, the IPO believes that the current copyright system is too complex for users. 'Much of this complexity can be addressed by rights holders and how they administer their rights,' it says. The IPO also considers that 'making non-commercial use less onerous for consumers, for example by removing the need to seek permission and make payment for personal use of individual copyright works, would help'. However, it adds, fair compensation for rights holders would be required.
One of the government's proposals is to make copyright licensing simpler. 'Having works or licences available legitimately reduces the incentive to infringe,' the IPO says. 'However, systems for licensing are complex, time-consuming to access and incomplete. Copyright is automatic and many works (such as photographs) do not incorporate details of their creator or rights holder. As a result, it is hard to get permission to use works. A user may find it impossible to identify the owner of a work. Making licensing easier benefits all who are currently involved and has potential to bring in new users of works as well.'
Lost rights
It adds that burdensome licensing also harms rights holders. 'Complex licensing procedures deter some commercial users and thus rights holders' potential revenue from licensing to those users is lost. In fact, a lack of legitimate services enabling content to be accessed legally at the right price in a way that consumers want arguably encourages copyright infringement.'
The government also believes that enforcement of rights could help - up to a point. 'Enforcement is often viewed by rights holders as the solution to infringement which should be utilised more effectively. There is a concern that an over-reliance on enforcement will stifle innovation within the creative industries. Some consumers suggested that rights holders were seeking unrealistic returns, ie that prices were too high relative to other goods or services.'
It adds that the muscular language of enforcement emphasising theft is unhelpful and problematic. 'It would be useful for everyone to recognise that a loyal customer base is alienated when the distinction between criminal liability and civil infringement is not made clear,' the IPO says.
The government calls on rights holders to offer works with broader terms of use, to accommodate consumers' wishes to share photos with friends online, for example. But this could have a dramatic effect on wedding photographers' revenues, for example, as a couple could share the photos with their guests, who will then be able to print them, bypassing the photographer.
The government will also propose the implementation of 'a system of extended collective licensing that will enable a collecting society or other organisation with significant representation in a particular category of right to apply for permission from the government to license all works in that category, including on behalf of rights holders who have not specifically signed up to that society or organisation'.
Photographers have welcomed the government's commitment to educate about and enforce copyright law. However, they are worried about the impact other changes could have on their businesses.
Simplified system
'Publishers and big businesses are continually trying to simplify the copyright system,' says freelance photographer Pete Jenkins, who has actively been defending photographers' rights during the consultation process, 'by attempting to introduce rights-grabbing contracts to the creators who supply their imagery. But these are not attempts to simplify any process, or to improve copyright licensing, they are aimed solely at making imagery cheaper for the publisher at the direct expense of the creator.'
Jenkins questions the government's proposal to remove the need to ask for a license for non-commercial purposes. 'Why is there a requirement to remove the need to seek permission? Removing the need to seek permission re-enforces the falsely held belief that individuals can do whatever they want with someone else's created works, regardless of context.'
Speaking to BJP, Alison Crombie, director of communications at Getty Images, acknowledges that some users already 'cut and paste' its images without permission for personal purposes. However, Getty has been actively pursuing those who receive revenues from these illegal uses. 'There is a need for more education on copyright, especially in the small business industry where people are often unaware that they can't use images without paying for them,' she adds.
BJP will continue to follow the issue in its ongoing campaign to defend photographers' rights.
GOVERNMENT'S GOALS
- To simplify the current copyright system, including licensing practices, by asking rights holders to broaden their terms of use
- To allow non-commercial use by individuals without the need to ask permission for that use
- To reshape the enforcement strategy by making it less 'muscular'
- To educate the population on the consequences of infringement
- To allow an organisation to act as a collective licensing agency, which will license all works in a particular category (music, film, photography, etc.)
ONLINE
The UK government also plans to introduce new legislation to deal with orphan works, in a bid to unlock 'large numbers of works that currently cannot be used,' the Intellectual Property Office has confirmed.
The body admits that 'photographers are concerned that photographs on websites frequently lack identifying metadata and as a result evidence of ownership is lost.'
As a result, the IPO believes that 'a scheme that encouraged the identification of orphan works' authors could benefit groups such as photographers that are concerned about current infringing use.'
The schemes proposed would allow businesses to use orphan works. 'Safeguards will include requirements to make a diligent search for the true owners and provision for the reimbursement of rights holders who are subsequently found and claim for the use of their work.'
