Hargreaves Review

Government response to the Hargreaves Review and further IPO consultation

Full text and updates via IPO website[1]

Main decisions of the government:[2]

1. Private copying

  • People will be permitted to copy content they have bought onto any medium or device that they own, strictly for their own personal use (such as transferring their music collection from CD to iPod).
  • This will not allow sharing copies with others but it will allow consumers to copy material to and from private online cloud storage4.
  • Rights owners will still have the ability and incentive to license innovative, value-added cloud services.

2. Education

  • The Government welcomes Richard Hooper’s recommendation that rights holders should simplify copyright licensing for the education sector. Government will provide a fair basis for future licensing by modernising the current educational exceptions.
  • Changes will make it easier to use interactive whiteboards and similar technology in classrooms, provide access to copyright works over secure networks to support the growing demand for distance learning, and allow use of all media in teaching and education.
  • Only limited use of works will be allowed without a licence, so educational institutions will continue to require licences for general reprographic copying – for example copying significant extracts from text books to hand out to students.
  • However, minor acts of copying for the purpose of teaching which cause little harm to rights holders, such as copying an extract of text to display on an interactive whiteboard, will be permitted without a licence as long as they are fair.

3. Quotation and news reporting

  • The Government will create a more general permission for quotation of copyright works for any purpose, as long as the use of a particular quotation is “fair dealing” and its source is acknowledged.
  • Minor uses of copyright materials, such as references and citations in academic papers, quotation as part of educational activities and short quotations on internet blogs or in tweets, will therefore be permitted as long as they are fair.
  • Photographs will continue to be excluded from news reporting provisions, as they are at present.

4. Parody, caricature and pastiche

  • The Government will legislate to allow limited copying on a fair dealing basis for parody, caricature and pastiche.
  • Existing protection for moral rights, including the right to object to derogatory treatment, will be maintained.

5. Research and private study

  • The Government will allow sound recordings, films and broadcasts to be copied for non-commercial research and private study purposes, without permission from the copyright holder. This includes both user copying and library copying.
  • This change, which expands an existing exception which covers, literary, dramatic, musical and artistic works is limited to fair dealing and in the case of research the usage must be accompanied by a sufficient acknowledgement.
  • Educational institutions, libraries, archives and museums will also be permitted to offer access to the same types of copyright works on their premises by electronic means at dedicated terminals.

6. Data analytics for non-commercial research

  • Non-commercial researchers will be allowed to use computers to study published research results and other data without copyright law interfering.
  • Where researchers have lawful access to copyright works, for example through a subscription to a scientific journal or having copies of papers published under a Creative Commons licence, they will be allowed to make copies of those works to the extent necessary for their computer analysis.
  • Researchers will in many cases have to negotiate access to those works with copyright holders, for example through licensing. This approach is compatible with the approach to Open Access publishing set out by the Finch Review, allowing publishers to control access to their computer systems and get paid for the services they provide.
  • This is an emerging field and the Government is prepared to facilitate discussions between publishers and researchers, both commercial and non-commercial.

7. Access for people with disabilities

  • Government will allow people with disabilities the right to obtain copyright works in an accessible form, if there is not a suitable one on the market already.
  • This will apply to all types of disability that prevent someone from accessing a copyright work, and to all types of copyright work.

8. Archiving and preservation

  • Museums, galleries, libraries and archives will be allowed to preserve any type of copyright work that is in their permanent collection and cannot readily be replaced.

9. Public administration

  • The existing exceptions will be widened to enable more public bodies to proactively share some third party information online, as they already can through issuing paper copies.
  • The changes will only apply to works that are unpublished, or works that are already available to public inspection, and so will not compete with commercial use of works.
  • The existing mechanism of complaint where a permitted act is restricted by technological protection measures will be maintained.

10. Copyright Notices

  • The Government also intends to introduce a new, non-statutory system for clarifying areas where there is manifest confusion or misunderstanding on the scope and application of copyright law via Copyright Notices issued by the Intellectual Property Office (IPO). These notices are intended to clarify, but not make new law.

Links

wikipedia: Hargreaves Review of Intellectual Property and Growth

IPO official webpage

ORG submission

References

  1. Hargreaves Copyright implementation
  2. "Modernising Copyright: a modern, robust and flexible framework