I mentioned before about the Digital Economy Bill and the problems and implications of this bill, see my previous post here...http://ianforsyth.blogspot.com/2010/02/copyright-digital-economy-bill.html and I subsequently wrote a letter to my MP highlighting my concerns.
My local MP then sent it to the House of Commons and the Department for Business Innovation and Skills to a chap called Stephen Timms. I have just received a reply from David Lammy, who replied as Minister for Higher Education and Intellectual Property.
In the letter he outlines his understanding of the concern held by some photographers that orphan works legislation will create a means for content users to appropriate content at an unfairly low cost or for free.
He went on and I quote directly from the remainder of the letter.....
"I would like to take this opportunity to reassure you that this is absolutely not the case. If any orphan works schemes are created that cover photographic works then any use of an orphan work under such a scheme can only take place after a properly diligent search has been carried out. The use will also require payment of a fair licence fee, and this fee will be held safely and kept available to be claimed by the rightful owner should they come forward.
The Government's intention is that there should be no financial advantage from mis-identifying a work as an orphan work and that deliberate or negligent mis-identification should carry an appropriate penalty.
As these concerns have been raised by a number of MP's and photographers, the Intellectual Property Office has published a web page which contains detailed information about the proposals. I believe that this we page addresses the issues raised by your constituent, and I would be grateful if you could pass on the following link":
http://www.ipo.gov.uk/pro-types/pro-copy/c-policy/c-policy-orphanworks/c-policy-orphanworks-photo.htm
Are some of the concerns understood and dealt with?
Will it add another level of confusion to the mix?
Have a read and see what you think?
Check this link for further informtion...http://www.stop43.org.uk/
Stop Commercial Orphan Works Exploitation in the UK Digital Economy Bill Clause 43
Subscribe to:
Post Comments (Atom)
1 comment:
I dont think the response you were given eases any fears. It is deliberately vague and open to interpretation.
What is a "fair licence fee" it depends who you are. This is bound to come down to who has the best legal team, we all know who that will be.
Post a Comment