Copyright changes: the photo industry reacts
The Digital Economy Bill, which will amend the Copyright Act of 1988, has sparked a series of reactions from the photographic industry ranging from praises to dire warnings. BJP reports
The Design and Artists Copyright Society, a collective licensing organisation, has welcomed the Government's announcement, ‘in particular the provisions for the modernisation of the copyright licensing system and access to orphan works,’ it says in a statement to BJP.
The organisation has already positioned itself if the government goes forward with its recommendation to impose collective agencies on artists.
'While we support the Government's move to unlock access to the millions of orphan works in the UK, we are keen to ensure that in the implementation of the law, that the administrative expertise and transparency of collecting societies is not overlooked in ensuring efficient management of such systems,’ says DACS chief executive Gilane Tawadros.
Meanwhile, copyright experts at national law firm Beachcroft have cautioned picture libraries about the changes. 'The Digital Economy Bill will bring in unexpected registration requirements and government control over picture libraries and many other rights owners, it says. 'Such picture libraries may need to register with the government, pay annual registration fees and be subject to codes of practice, backed up by criminal sanctions, if provisions regarding the control of 'licensing bodies' are brought in.'
It continues: 'This unexpected impact relates to any 'organisation' which licences any copyright material created by more than one different individual - or acts as agent for any such owners. Although the intent of the Bill was to exercise greater control over Britain's major collecting societies, it is likely to catch picture libraries - and agents which licence copyright imagery.'
Libraries will, it appears, escape controls if they are only offering photography of one photographer or if they are trading as individuals rather than through a limited company.
'The government might have been thinking about the UK's fourteen main collecting societies – but unless there's a radical rethink any business operating in the tech or creative fields could be forced to confront a new licensing regime,' says copyright expert, Robin Fry, a partner at Beachcroft. 'Businesses like Magnum, Corbis and Getty - and many small libraries - will all be subject to the new codes of practice. There will be consternation in Soho and confusion in Shoreditch. This Bill already needs a desperate overhaul.'
The Association of Photographers is waiting for more details on the bill to be released before commenting. However, it has tried to reassure photographers. ‘The IPO is well aware that photographers are different issues [than the other creative industries],’ says the association’s secretary Gwen Thomas. ‘We have the ear of the IPO.’
Phil Jones, CEO of The Societies, is more cautious. ‘What we need now is a period of reflection and consultation within the industry,’ he tells BJP. ‘This would benefit all concerned. All the arguments and the pros and cons need to be raised and vigorously debated. Sometimes it is better to make no changes than to make the wrong changes.’
He adds: ‘My own view remains that the current system isn’t too complex. It’s pretty straightforward. The originator of work retains copyright to prevent third parties making multiple copies and distributing them without any agreed payment or commission.’
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