Intellectual Property Office (2015b)

Source Details

Intellectual Property Office (2015b)
Title:	Government response to the consultation on reducing the duration of copyright in certain unpublished works
Author(s):	Intellectual Property Office
Year:	2015
Citation:	Intellectual Property Office (2015). Government response to the consultation on reducing the duration of copyright in certain unpublished works.
Link(s):	Definitive , Open Access
Key Related Studies:	Hargreaves (2011) Intellectual Property Office (2015a)
Discipline:	O34: Intellectual Property and Intellectual Capital O38: Government Policy
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About the Data
Data Description:	This study uses data collected during a public consultation from 47 respondents. TK GLAM
Data Type:	Primary data
Secondary Data Sources:
Data Collection Methods:	Qualitative Collection Methods Survey Research (qualitative; e.g. consumer preferences) Qualitative content/text mining
Data Analysis Methods:	Quantitative content analysis (e.g. text or data mining) Qualitative Analysis Methods Textual Content Analysis
Industry(ies):	Creative, arts and entertainment Cultural education
Country(ies):	United Kingdom
Cross Country Study?:	No
Comparative Study?:	No
Literature review?:	No
Government or policy study?:	Yes
Time Period(s) of Collection:	2015
Funder(s):

Abstract

This document provides a summary of the responses received to each of the questions asked by the consultation on reducing the duration of copyright in certain unpublished works. The questions aimed at uncovering the possible effects of the policy, including the number of potentially affected works, how such works are currently used, and the scope for controlling the impact of any changes. The Government received a range of responses from various interested parties. Although many respondents were supportive of the Government’s proposed measures, a number of respondents raised some concerns with the policy and its potential negative impact on owners of copyright works. The Government recognises these concerns and as a result has decided not to take action in this area at this time, but will instead seek further views from affected parties. In the interim, a number of recent reforms have sought to make access and use of copyright works, including unpublished works, easier: • In June 2014 the Government introduced exceptions to copyright, allowing libraries, archives and museums to conduct a range of activities, including archiving and preservation, as well as offering access to copyright works on their premises at dedicated electronic terminals, for research and private study. • In October 2014, the Government launched an Orphan Works Licensing Scheme. This gives cultural institutions the opportunity to reproduce and increase access to a wide range of culturally important works, including many unpublished works. This scheme has been introduced alongside the EU Directive which allows cultural heritage organisations to digitise certain orphan works for display on their website.

Main Results of the Study

The Government received a range of responses from various interested parties. Although manyrespondents were supportive of the Government’s proposed measures, a number of respondentsraised some concerns with the policy and its potential negative impact on owners of copyrightworks. The Government recognises these concerns and as a result has decided not to takeaction in this area at this time, but will instead seek further views from affected parties.

Policy Implications as Stated By Author

In the interim, a number of recent reforms have sought to make access and use of copyrightworks, including unpublished works, easier:• In June 2014 the Government introduced exceptions to copyright, allowing libraries,archives and museums to conduct a range of activities, including archiving and preservation,as well as offering access to copyright works on their premises at dedicated electronicterminals, for research and private study.• In October 2014, the Government launched an Orphan Works Licensing Scheme. Thisgives cultural institutions the opportunity to reproduce and increase access to a wide rangeof culturally important works, including many unpublished works. This scheme has beenintroduced alongside the EU Directive which allows cultural heritage organisations to digitisecertain orphan works for display on their website.

Coverage of Study

Coverage of Fundamental Issues

Issue	Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

Coverage of Evidence Based Policies

Issue	Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size:	47
Level of aggregation:	Organisations
Period of material under study:	2015