26 May 2011

Response to Hargreaves Review

The first real 'disappointed' response was from the Association of Photographers (http://www.bjp-online.com/british-journal-of-photography/news/2073469/association-photographers-disappointed-hargreaves-review). Gwen Thomas, while agreeing that the rejection of fair use is welcomed feels that the lack of strengthening of moral rights in copyright is detrimental and therefore any extended licensing will not be as effective. Thomas also mentioned the lack of copyright reform.

However, the Orphan works problem would not be aided by contract law reform but hindered. to enforce all IPR's as contractual matters would mean not only that there is discord and uncertainty amongst the various consumers and creators, with some receiving better deals than others, but it would lead to unfair competition and further court based solutions to the problem of copyright infringement. Whenever there is a dependency on contract law, there is also the danger that those who can afford it will enforce will vigour and those smaller creators and businesses would be left to fend for themselves.

Michael Ware, PLMP (http://bulletin.sciencebusiness.net/news/75097/New-intellectual-property-laws-are-needed-to-drive-economic-growth), acknowledges that the digital media and ICT sectors will welcome the changes more than other industries because of the fast paced change which is not accounted for in our current copyright regime. He also states that the European Patent is something which many would struggle to contest, given that it would be a progression that makes sense and would reduce the need for individual applications across all member states (as it is currently).

There seems to be an overall feeling (particularly in the music industry) of victory regarding the rejection of the fair use concept, whether it is a pyrrhic victory remains to be seen.

No comments:

Post a Comment

Follow LeCritiqueIP on Twitter