The UK Intellectual Property Office has called for evidence from interested stakeholders on the impact of various copyright reforms (mainly in relation to exceptions) introduced into UK law in 2014. This call for evidence is part of its Post-Implementation Reviews (PIRs) process. PIRs offer the opportunity to monitor and evaluate whether a regulation that has come into force has met the intended objectives of the legislation. Reviews are usually completed within five years of the regulatory measure coming into force. Once the evidence has been accumulated and analysed, the IPO will summarise and publish the findings in a report. The report will assess whether the regulation is still required, is not required, or should be amended.
This call for evidence seeks to obtain data on the impact in relation to three areas:
- Archive exception
- Other copyright exceptions: research and private study, text and data mining, education; public administration; quotation, and parody, caricature and pastiche.
- Extended collective licensing (ECL); orphan works licensing scheme; orphan works exception.
Click here to see the different questions (e.g. whether/how long/how often organisations have been using the relevant exceptions, the impact, any cost/time savings etc) that have been directed to the various different stakeholders (e.g. rightsholders, galleries, libraries, museums, archivists, Collective Management Organisations).
The following statutory instruments will not be reviewed in this PIRs process:
- Codes of conduct for collective management organisations - these were revoked following implementation of the Collective Rights Management Directive.
- Private copying exception - this exception was quashed by the High Court in 2015 following a judicial review (see here for our blog on that).
- Disability exception - this was updated by the Marrakesh Treaty Directive for which new impact data was collected.
In its call for evidence, the UK IPO also acknowledges that the negotiations on the Digital Single Market are ongoing, including agreeing the text of the Copyright Directive. If the Copyright Directive is agreed, the IPO may have to consider removing the following areas (which are potentially affected by the Directive) from the scope of these PIRs: text and data mining exception; the extended collective licensing framework; and the orphan works exception.
This call for evidence lasts for 10 weeks and closes on 10 April 2019. Email responses must be sent to email@example.com. Alternatively, written responses must be sent to: Copyright Directorate, Intellectual Property Office, 4 Abbey Orchard Street, London, SW1P 2HT.
We will blog when the final report has been published.