Optimal 21St Century Copyright?

This post service is from our friend Amanda Harcourt, who updates us from the 11th Annual European Policy for Intellectual Property conference amongst a really interesting convey on Optimal 21st Copyright Policy”

From Sabbatum 3rd until Mon fifth September a daunting array of academics from the world of global IP gathered inwards Oxford for the 11th Annual European Policy for Intellectual Property conference.  Presentations from the copyright world were what interested the writer in addition to at that topographic point were some familiar faces:  Dr Nicola Searle from Goldsmiths (and IPKAT) delivered a sobering presentation entitled “Changing Business Models inwards the Creative Industries: Industry Response to Copyright Challenges inwards the Digital Era” where, inter alia, she mourned the absence of copyright inwards concern model literature.  And JIPLP, 1709  and the IPKAT’s Dr Eleonora Rosati was considering international jurisdiction inwards the online infringement of European Union trademarks.

Theodore Koutmeridis, from the University of Glasgow, presented a survey of evidence-based studies that examine copyright in addition to digital conception inside the creative economy. The key, but gloomy, convey away from his tour of the studies was the relative dearth of studies on the harmony betwixt authors in addition to producers.  Similarly he demonstrated, inwards tables of dependent plain affair comparisons, the lack of studies on fair remuneration of authors in addition to performers inwards this sector.  There is much to survive done to back upward amongst evidence the writings virtually the losses suffered yesteryear creators cast digital dissemination of their works.

The plenary session on sun morning time boasted a panel only made upward of women, who explored “Copyright Policies: The Perspective from Europe, the USA in addition to the West Pacific”. And what women!  Here, it volition survive the content of only 1 of whom I project design to verbalise over inwards whatever slap-up detail. 

Maria Martin-Prat, Head of the Copyright Unit inwards the European Commission Communications Networks, Content in addition to Technology (DG CONNECT) made her remit clear at the outset.  She had agreed to speak earlier the Brexit vote in addition to leaked European Union proposals notwithstanding, she would non survive commenting upon either.  She did however, authorities annotation the limits equally to manoeuvrability inside private European Union fellow member states in addition to suggested she would survive recommending “guided development” of the European Union copyright landscape to promote European Union harmonisation that is compatible amongst private fellow member states regimes.

Shira Perlmutter, Chief Policy Officer in addition to Director for International Affairs at USPTO began yesteryear noting the ascent of consumer influence on the IP debate, referring to the populace lawsuit via the SOPA/ACTA/PIPA combat on the USA legislative initiatives.  Noting how applied scientific discipline overtakes policy, Perlmutter raised 4 areas equally her focus: the adjustment of existing exceptions to accommodate technological advances; finding ways of dealing amongst industrial plant out of the copyright marketplace system, in addition to out of commerce; improvement of the licensing structures in addition to enforcement  the latter 2 non requiring a legislative approach.  She drew attending to the 2016 Department of Commerce White Paper that followed on from the IPTF Green Paper in addition to noted Copyright Office studies on prophylactic harbour in addition to notice in addition to convey down.  She made some “guesses” at what mightiness survive approximately the corner for the 2016/17 menses equally including music licensing, orphan works, modest claims courtroom for IP infringement, modernisation of the Copyright Office in addition to a review of statutory damages.  Her allusion to the involve to back upward standardisation of the labelling of copyright industrial plant spoke to a dependent plain unopen to this author’s heart.

Kim Weatherhall (from Twitter)

But it was the tertiary presentation from Kimberlee Weatherall, Associate Professor at the University of Sydney Law School, that led to this post.  In a presentation she entitled “Optimal 21st Copyright Policy” Weatherall suggested nosotros all mightiness hit goodness from a fresh approach. She proposed starting from the Aristotelian seat of blind ignorance in addition to thence she hitting the audience amongst five basic principles to guide our collective deliberations.  And hither they are:

1.       Copyright should act inwards the populace involvement in addition to this human face of the novel regime survive dependent plain to a collective in addition to disinterested debate.  In pursuit of this she suggested nosotros verbalise over this human face from the perspective of beingness everyone inwards the value chain in addition to considering how they mightiness all survive served yesteryear the novel copyright regime.

2.        Copyright should see the role/function in addition to vital importance of the human writer – recognise their interests in addition to admit their imbalance inwards price of success of private works; the imbalance negotiating strength.  She noted the pitiable arrangement amid creators (something that is improving given the growing strength of the CISAC Creator Councils in addition to the launch of music organisations such the International Artists Organisation (IAO).

3.       Consideration should survive given to a scheme of differentiated protection – laundry lists mightiness non survive entitled to the same grade of protection equally a novel.  Or, equally Ms Weatherall lay it “selfie protection for lxx years post-mortem auctoris?”. Examples mightiness survive amount commercial exploited works, valueless marginalia, commercial industrial plant no longer beingness exploited in addition to non-commercial industrial plant that do, however, stimulate got some value.  Maybe nosotros could see default exceptions to utilize to older industrial plant out of commerce.  Or infringement remedies beingness adjusted where at that topographic point is no contest from the infringement.

4.       Allow conception from exterior meant, she told us “can copyright owners, or fifty-fifty copyright scholars, decide the hereafter of technology?  Indeed!

5.       Ask that copyright owners convey that inwards telephone substitution for to a greater extent than or greater protection they should offering some concessions or flexibility. Here Weatherall stressed the residuum betwixt hit goodness in addition to burden; the sometime should non survive the exclusive save of correct owners in addition to the latter for everyone else.  A fair distribution of the burden in addition to benefits of copyright protection would foreclose the locking upward of copyright industrial plant without commercialisation.

Now, ain’t she sensible?  And idea provoking?  Those of you lot that similar what Ms Weatherall threw out to her swain academics mightiness desire to read her forthcoming championship  What if We Did Reimagine Copyright? Co-authored yesteryear Weatherall in addition to Giblin in addition to presently to survive published yesteryear ANU Press  http://press.anu.edu.au/

The total programme of EPIP 2016 tin dismiss survive establish at http://www.epip2016.org/