November 2009
New Digital Economy Bill
Following a year of consultation and debate on the current state of copyright law in the UK the government has finally introduced the new Digital Economy Bill.
Its purpose is to adapt copyright law in such way as to equip the UK to compete and lead the digital global economy, and judging by the reaction of most it seems it has the potential to do just that.
The radio industry have praised the new Digital Economy Bill for its introduction of greater operational flexibility and licence renewal options for analogue stations broadcasting on digital, features which they believe pave the way for a competitive digital radio industry in the UK.
Likewise, The Design and Artists Copyright Society has welcomed the provisions for the modernisation of the copyright licensing system and access to orphan works – a term used to describe copyright works the owners of which can not be traced or are unknown.
However, there are a few that have criticised the bill as a backward step, stating that the main thrust of it has focussed on tackling the issues faced by last century’s businesses rather than promoting the innovators of the 21st century.
Illegal file sharing on the Internet is one such issue which the bill has attempted to tackle, incorporating legal procedures for sending warning letters to persistent illegal file-sharers and even the option of cutting off their internet connection if they continued to commit such acts.
BT and Talk Talk two of the UK’s top three Internet Service Providers have rubbished the government’s actions both agreeing that it threatens the rights of consumers and is not the right way for tackling such issues.
Nevertheless the music and film industries, which have been lobbying the government to take more legal action against illegal file sharers for years, have both warmly welcomed such measures. Geoff Taylor, the chief executive of the BPI (which represents the UK’s recorded music business), has described the Digital Economy Bill as an important milestone towards a sustainable future for British music in the digital age.
BRIFFA Comment
Existing copyright and other intellectual property laws in the UK have done extremely well in protecting traditional intellectual property rights in the digital age considering that the core principles were drafted over 100 years ago.
The new Digital Economy Bill is intended to improve such laws with the addition of newly drafted mechanisms for tackling infringers and clarifying the protection offered for intellectual property exploited on a digital platform.
Given the lengthy debates and many consultations the government has taken part in with various industries in developing the new Digital Economy Bill it is hoped that an effective balance has been struck between protection of rights and promotion of creativity going further forward into the digital age.
Only time will tell how well the laws of the new Digital Economy Bill work in practical terms but we can assure you that BRIFFA will be proactive in promoting any which it feels will help further the businesses of our clients in the digital age.
For further Information on the protection, exploitation or enforcement of copyright or any other intellectual property in the digital age please do not hesitate to get into contact with one of our specialist lawyers via info@briffa.com.