At today's Westminster Media Forum keynote seminar, UK copyright policy - value exchange, international relationships and the Copyright Directive, 5th July 2019, safeguarding Intellectual Property is top of the agenda.  On 17th May of this year, the EU published Copyright in the Digital Single Market, a new directive with the aim of introducing a regulatory framework for copyright and related rights. 

Alex Voss, MEP, Rapporteur, Directive on Copyright in the Digital Single Market and Member, Committee on Legal Affairs, European Parliament, stated that the directive will make active platforms (platforms that know they are using other people's property and are making money out of it) liable for infringing copyright.  Platforms will no longer be able to say that they are not responsible for the content uploaded by their users.  He emphasised, "Don't hide. Respect people's property. Remunerate fairly."

The protection of Intellectual Property in the digital single market is important because it will help to establish a more level playing field.  Currently, the incentive to tackle piracy is being undermined by the fact that piracy generates traffic, which in turn generates advertising revenues for platforms. The impact of this is the emergence of a 'Value Gap', where platforms profit exponentially and the livelihood of content creators is diminished. 

Nicola Solomon, Chief Executive, The Society of Authors, highlighted the dramatic decrease of income to professional authors, which is currently averaging at £10,500 per annum.  She described writers as the "ultimate micro-business".  They can't go into partnership and can't grow.  This makes dealing with big platforms very challenging. 

Article 17 of the copyright directive deals specifically with the use of protected content by online content-sharing service providers.  Rachel Alexander, Partner, Wiggins, defined online content-sharing service providers as "user upload services granting public access to a large amount of protect works, which it organises and promotes for profit-making purposes." Under the new directive, platforms will now have to demonstrate that they have made best efforts to obtain authorisation to make the content available. There will be a filtering obligation as part of the upload process, and they will be required to ensure that content that has been removed stays down.

Rachel Alexander noted the requirement to ensure that uploading users are able to rely on exceptions for content that is being used for quotation, criticism, or review, or for the purpose of caricature, parody or pastiche.  Protecting freedom of expression is as important as fair remuneration for use of protected content, and finding the right balance will play an important role in the implementation of the directive.

"One of the greatest benefits of the digital ecosystem has been the availability of information and shared learning."

Rachel Alexander

Lucy Crompton-Reid, Chief Executive, Wikimedia UK, identified that there is a difference between sharing knowledge and using intellectual property to make money, and profit, without compensating.  She gave the comparison of viewing a small image on a website giving information about an artwork, and downloading a high resolution file to print the artwork to hang on your wall at home. It is clear that there is a gap between what we should expect to be free and what we should expect to pay for. 

Tim Moss, Chief Executive Officer and Comptroller General, Intellectual Property Office, emphasised that understanding attitudes will be vital to influencing a change in behaviours.  He suggested that having more transparency around what piracy is funding (organised crime, slavery, prostitution, drugs) could help to make it less socially acceptable to download or buy counterfeit goods. He also highlighted the need for businesses to be protected by trade arrangements and agreements.  This will enable UK businesses to take advantage of the emerging global markets, to have confidence in exporting their intellectual property, and facilitate collaboration with other countries.   

Post Contributor:

Caitriona Fitzsimons Digital Reporter