[A2k] Launch of Gowers Copyright Exceptions Consultation 8 January 2008 at The British Library

Fri Dec 21 09:52:14 2007

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Dear all

The first of two formal consultations on the UK Intellectual Property
Office's (UKIPO) proposals to implement the exceptions and limitations
proposals in the Gowers Review is to be launched at The British Library
on 8th January (if you wish to attend see invite from Lord Triesman at
the end below) and should run for 12 weeks. This will be the in depth
consultation. The next consultation, expected to be on the new
regulations (Statutory Instrument (S.I)) themselves, will probably be
shorter and is supposed to be autumn 2008 but the schedule may fall
further behind as it has done already.  The Gowers Review Report can be
found at
http://www.hm-treasury.gov.uk/independent_reviews/gowers_review_intellec
tual_property/gowersreview_index.cfm. Submissions to the Gowers Review
by LACA, the UK Libraries and Archives Copyright Alliance, are at
http://www.cilip.org.uk/policyadvocacy/copyright/lobbying/laca2.htm

According to the timetable on the UKIPO Gowers Review page (follow
recommendation links for implementation timetable) at
http://www.ipo.gov.uk/policy/policy-issues/policy-issues-gowers.htm, the
recommendations the UKIPO will definitely consult on will be

Recommendation 2:
Enable educational provisions to cover distance learning and interactive
whiteboards by 2008 by amending sections 35 and 36 of the Copyright,
Designs and Patents Act, 1988 (CDPA).

Recommendation 8:
Introduce a limited private copying exception by 2008 for format
shifting for works published after the date that the law comes into
effect. There should be no accompanying levies for consumers.

Recommendation 9:
Allow private copying for research to cover all forms of content. This
relates to the copying, not the distribution, of media.

Recommendation 10a:
Amend s.42 of the CDPA by 2008 to permit libraries to copy the master
copy of all classes of work in permanent collection for archival
purposes and to allow further copies to be made from thearchived copy to
mitigate against subsequent wear and tear.

Recommendation 10b:
Enable libraries to format shift archival copies by 2008 to ensure
records do not become obsolete.

Recommendation 12:
Create an exception to copyright for the purpose of caricature, parody
or pastiche by 2008.

However, rumour has it that the UKIPO may not propose mirroring the
extension of fair dealing for users in Recommendation 9 by making
changes to the 'library privilege' copying exceptions (whereby
librarians and archivists may copy on behalf of users on a
not-for-profit basis for the same purposes as users may copy for
themselves) despite our explaining to UKIPO in private meetings during
this year that the two go hand in hand as two sides of the same coin.
This understanding and linkage is clearly manifest in the current
library copying exceptions in the UK Copyright Designs and Patents Act
(CDPA) 1988 and the library copying regulations (S.I. 1989/1212), so if
this should prove to be so with regard to Recommendation 9, it would
indicate a new found ignorance of how users generally wish to obtain
copies of works held in libraries and archives in real-life.

Furthermore, there is unlikely to be anything about orphan works.
Apparently the European Commission (Internal Market) will not reopen the
InfoSoc Directive and is leaving it to the Member States must find their
own solutions to the problem. UKIPO started informal consultations this
summer but work seems to have fallen into abeyance since the senior
policy officer leading the work has moved on to another post and we have
heard nothing further.

BTW normally one does not need to be a UK citizen, resident or
organisation to be able to respond to such a consultation - anyone with
expertise to contribute should be able to do so. For instance, expert
comments on the efficacy of the UKIPO proposals or providing examples of
good legislation or practice or deliberations elsewhere in the world
(eg. possibly from the work of the US Section 108 Study Group
http://www.loc.gov/section108/, or from reports such as the IViR studies
commissioned by the European Commission on the InfoSoc Directive
http://www.ivir.nl/publications/guibault/Infosoc_report_2007.pdf and the
EU copyright acquis
http://www.ivir.nl/publications/other/IViR_Recast_Final_Report_2006.pdf)
could be helpful in assisting UKIPO with making improvements to their
proposals. It's worth it since in this digital age, changes to copyright
exceptions and limitations made in an important copyright law regime
such as the UK's will be influential on others.

Barbara Stratton
Senior Policy Adviser, CILIP: the Chartered Institute of Library and
Information Professionals
Secretary to LACA: the Libraries and Archives Copyright Alliance, UK

CILIP, 7 Ridgmount Street, London WC1E 7AE
Tel: +44 (0)20 7255 0500 Fax: +44 (0)20 7255 0501
E-mail: policy@cilip.org.uk  Web: www.cilip.org.uk  LACA Web Site:
www.cilip.org.uk/laca

-----Original Message-----
From: copyrightconsultation copyrightconsultation
[mailto:copyrightconsultation.ARD.PatentOffice_ARD@ipo.gov.uk]
Sent: 17 December 2007 15:59
To: copyrightconsultation.ARD.PatentOffice_ARD@ipo.gov.uk
Subject: Invitation to launch of Gowers Copyright Exceptions
Consultation 8 January 2008

>From Lord Triesman, Parliamentary Under Secretary of State for
Intellectual Property and Quality

Dear Copyright Interest

As you are aware, although the Gowers Review of Intellectual Property
found the IP framework to be broadly satisfactory, he identified a
number of areas in which he argues improvements could be made. Part of
the package of measures to improve the copyright regime included
modifications to the copyright rules to enable private individuals,
students and libraries improved access to, and use, of copyright
material.

I am pleased to announce that I will be launching the first stage of a
two part consultation on these modifications at the British Library on 8
January 2008. Details are given below and all interested parties are
welcome to attend. I am eager that all interests should make the fullest
use of the consultation

Lord Triesman
Parliamentary Under Secretary of State for Intellectual Property and
Quality

Date:		Tuesday 8 January 2008
Venue:	 	The British Library
		96 Euston Rd
		London
		NW1 2DB

Directions to the British Library and its conference centre can be found
via http://www.bl.uk/aboutus/quickinfo/loc/stp/index.html

Draft agenda: 	9.00 	Registration and coffee
		9.30	Introduction by Lynne Brindley, CEO British
Library
		9.45 	Speech by Lord Triesman
		10.00	Comments by invited speakers [tbc] followed by
Q&A

Replying:		Please reply to copyrightconsultation@ipo.gov.uk
and include:
		*	your name and title
		*	the company or organisation you represent
		*	your usual contact e-mail address if different
to that used in your reply

Access:		There is full disabled access to the Library Conference
Centre.