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Publishers appear to have got a reprieve in the Hargreaves Review into intellectual property with it recommending against imposing an American style 'Fair Use' defence for copyright exceptions. The report also suggested the government legislate to allow people to access orphan works, where the copyright owners cannot be traced, and set up a 'digital copyright exchange'.
The report was published this morning, almost six months after Prime Minister David Cameron set it up to look at "barriers to growth" within the intellectual property system. Publishers had argued for continuity, claiming the current model gave "fundamental support" to creative individuals and companies.
In a submission from the Publishers Association, it said the adoption of a 'Fair Use' principle, similar to that which operates in the United States, could lead to a swathe of legal challenges. Fair Use allows someone a limited use of a copyrighted material without the permission of the rights holder.
The review said bringing in a Fair Use clause was "unlikely to be legally feasible". Instead, the UK should take up copyright exceptions already allowed under EU law that will take into consideration technological advances where it does not threaten copyright owners. It said the Intellectual Property Office could have its powers changed to help the IP framework adapt to future change.
Among the recommendations, the review suggests a digital copyright exchange be set up, where rights owners call sell licences to their work and others can buy them. It also suggested the government legislate to allow people to access orphan works, where the copyright owners cannot be traced.
The Publishers Association welcomed the review, saying it believed the best way to grow British creative business was through improved licensing activity. C.e.o. Richard Mollet said the proposed Digital Copyright Exchange could be "instrumental" in this. He added: "As The Publishers Association noted in its response and as Professor Hargreaves has proposed, some amendments to copyright law are required. We will look at these recommendations through the same lens as the Review applied to the present system: will they boost innovation, will they support growth, and are they good for Britain’s creators, consumers and economy?"
The Hargreaves review is the fourth such review commissioned during the past six years.
Business secretary Vince Cable said: "The report highlights real scope for changes to copyright laws which could add enormous value to the UK economy.
"Intellectual Property has an enormous impact on individuals, businesses and industries across the UK. It affects what we can and can't do in business, education and in our daily lives. Technological innovation, successful creative businesses and strong international brands need to thrive."