United Kingdom's Strategy on the Copyright Placement Directive
In the digital age, copyright laws have become increasingly important in protecting the rights of creators and content owners. The UK Government has recently outlined its intention to consult on legislation requiring Internet Service Providers (ISPs) and rights holders to cooperate in taking action against illegal file sharing, if a commercial solution cannot be reached.
This move comes as part of the implementation of the European Union's Copyright Directive (Directive 2001/29/EC), which was aimed at harmonizing EU copyright law with that of the World Intellectual Property Organisation and adapting it to the information society and the distribution of digital content over the internet.
The Directive, which was due to be implemented by all EU member states by 22nd December 2002, included provisions for the protection of Technological Protection Measures (TPMs) designed to protect copyrighted works. TPMs, as defined by the Directive, include any device, design, or component designed to protect a copyright work. The Directive's balancing exception for intermediaries and many of the fair dealing exceptions are still subject to scrutiny and analysis in the UK.
Since the implementation of the Directive, EU governments have increasingly strengthened legal protections for TPMs, balancing rights holders' interests with user rights by introducing stricter enforcement mechanisms and exceptions to ensure lawful uses and interoperability.
The UK's implementing Regulations for the Copyright Directive came into force on 31st October 2003, amending the Copyright, Designs and Patents Act 1988. The Regulations extend the Act to cover transient and incidental copying for performers' reproduction rights, following the Directive.
The Regulations also provide a civil remedy for rightsholders against individuals who remove or alter electronic rights management information without authorization. Moreover, the Regulations introduce an exclusive right for authors to control electronic communication of a copyrighted work to the public, excluding 'static' web pages from the definition of a broadcast.
However, the Directive did not include computer programs among the works able to benefit from the legislation covering TPMs. This means that while software creators may have some protection under other sections of the Copyright, Designs and Patents Act 1988, they do not have the same level of protection for TPMs as other copyright holders.
Rightholders are now able to sue individuals bypassing TPMs and those making and distributing equipment used to circumvent TPMs. The defense of fair dealing for research and private study, previously available to anyone in breach of copyright, is now restricted to research carried out for a non-commercial purpose and must be accompanied by a sufficient acknowledgement.
It's worth noting that the E-Commerce Directive, which deals with the liability of intermediaries, is still subject to review. If the European Commission bows to the rightholder lobby, this may have a substantial effect on the liability of ISPs and user-generated content services to monitor infringing content and prevent it being loaded onto their sites.
In the UK, the implementation of the Directive was delayed due to ongoing debates about certain aspects. France, on the other hand, has announced a new scheme between French ISPs and content owners based on a system of warnings leading to disconnection of persistently infringing users.
The new provisions of the Directive give an incentive to rights holders to employ and design new methods for protecting their rights against copying and other uses. However, the impact of these changes on the creative industries and the general public is still a topic of much debate and analysis.
