What to Say
1. Copyright is a property right, not a regulation. Additional exceptions to copyright, commercial orphan works schemes and extended collective licensing will seriously damage our ability to trade our property and are anti-growth.
2. The Government's assumption that the ERRB measures will stimulate growth is erroneous and has been comprehensively disproved. In total the ERRB copyright measures will probably contract the UK economy, not grow it.
3. An unprecedented coalition of creative industry organisations is opposed to the ERRB measures. More than 70 creative industry organisations have signed this briefing paper.
4. The Copyright Hub (a Hargreaves Review recommendation then called the Digital Copyright Exchange, and which the Government accepted) is in development, promises to solve most of the 'problems' the ERRB is purported to, will actually stimulate growth, and has strong support from photographers.
THE ENTERPRISE AND REGULATORY REFORM BILL
1. Clause 79 (116A) should be abandoned. The Government should only enact into UK law what the EU Orphan Works Directive requires of it, but not before the EU's deadline of October 2014 in order to give the Copyright Hub a chance to reduce these problems first. This will be enough to satisfy the needs of libraries, museums, archives, and the BBC - The Cultural Heritage Sector.
2. Clause 79 (116B) should be abandoned. It probably breaches the rights of foreigners under Berne and our international obligations and the EU has specifically rejected it as a solution to the 'orphan works problem': 'This option would neither provide any incentive for collecting societies to become more efficient, nor simplify the multi-territorial licensing of rights (due to opt-outs from collective management which would often lead to repertoire disaggregation).', pages 6-7
THE EU ORPHAN WORKS DIRECTIVE
This should be implemented at the last possible moment and be accompanied by these balancing measures:
- Moral Rights must be automatic, unwaivable and without exception for visual artists - the entire still images sector agrees about this (see Annex). Lack of automatic moral rights is known to be a major cause of orphaned photographs.
- There must be real, enforceable penalties for metadata stripping, as recommended by Richard Hooper in his DCE Feasibility Study ‘Copyright Works’
- Fair Contract Law must be extended to apply to Intellectual Property, as it does in Germany.