The perils of a "use now, pay later" approach to intellectual property

Andy Williams, Managing Director of ITN’s licensing arm, makes his argument for a robust and fair copyright framework.

This article is a reponse to Benjamin White's piece "Copyright for a digital age", which recently appeared on the New Statesman blog.

It’s hard to get excited about copyright but the argument of what constitutes fairness in copyright and how intellectual property law can stimulate the economy is now the subject of Parliamentary and industry debate concerning controversial measures in the Enterprise & Regulatory Reform Bill and an impending announcement from the Intellectual Property Office (IPO).

On one side, rights holders like ITN are deeply concerned about the proposed dismantling of a robust intellectual framework that underpins significant investment in content creation and preservation. Meanwhile public bodies such as the British Library - whose Benjamin White recently voiced his opinions for the New Statesman - and companies that want "free" use of others’ intellectual property view copyright as a cumbersome and outdated regulation. Whichever side of the fence you’re on, the impact of the decisions made in coming months by Parliament, the Government and the IPO will be enormous.  

A relaxation of copyright law may help the British Library cut down on the time it takes to clear rights and digitise its materials, but the extent of the radical proposals on the table for usage of orphan works, introduction of new and wider exceptions for "free" usage of copyright material, and a scheme for Extended Collective Licensing will go much further than just helping public sector institutions to better serve researchers. The very same measures could stifle actual creation of content in the medium to long term, devastate vast swathes of the creative industries - which employ two million people and contribute 6 per cent to GDP - and permit those who don’t invest in UK original content to freely benefit from others’ work.

The creative industries rely on a business model underpinned by a fair and robust copyright framework to discourage and legislate against illegal use. There are quite rightly instances that allow for free use of copyright material – for example an exception to copyright for news reporting is vital to freedom of speech and expression; but the IPO has proposed that a wide range of free usage could be introduced in instances of parody, education and a particularly grey area of "quotations". The policy statement confirming which additional exceptions they plan to implement is due before the end of the year. However, in calling for a lowering of the barrier for free usage of intellectual property, technology companies, public bodies and consumer groups may well find that if they get their wish then the content they want to use freely rather than pay a licence for will simply dry up or not be digitised for mass usage. It’s a commercial reality that if there isn’t a financial incentive then investment in content creation and preservation will suffer.

In addition, proposals for Extended Collective Licensing may seem attractive in offering a time-saving rights clearance mechanism for the British Library, but the opt-out nature of the scheme and scant detail could lead to organisations springing up to license others’ content on their behalf without their knowledge and consent. There are fears about lack of transparency, inappropriate use of sensitive material, undercutting of prices and what US photography groups describe as a “firestorm of international litigation”. It’s bizarre that this is seen as necessary when a Copyright Hub is being developed by Richard Hooper and companies are already investing millions to digitise content and put it online to make it easy to find and be licensed.  

There are, however, potential benefits to establishing a way to license orphan works – whether through UK legislation or implementing a recent EU Directive - as this could free up content that would otherwise lay dormant; but the system must protect creators’ rights by having appropriate safeguards such as clear rules on what constitutes a diligent search to find the owner of a particular piece of intellectual property. A "use now, pay later" approach as advocated by Benjamin White concerns me greatly as less scrupulous organisations could see an orphan works system as a means simply to avoid paying for a licence.

It’s also worth thinking back to the origination of all of these proposals – the Hargreaves Review, which hailed evidence-based recommendations that such measures could help grow the economy by £5.5bn per annum. ITN, along with many of the other 471 respondents to the subsequent IPO Consultation on Copyright, has helped to show that this projection simply doesn’t stack up. Rather, unpicking our copyright regime will take money out of the UK economy as inward and domestic investment and syndication of original content is stalled or cancelled.

The risk becomes even more urgent when you consider that the copyright measures as currently drafted in the Enterprise & Regulatory Reform Bill before the House of Lords would enable much of this sea-change to happen by secondary legislation. Whether in favour of a change in copyright law or against it, no one should want fundamental alterations to be made without full parliamentary scrutiny and debate when there is so much at stake for public bodies and the commercial sector alike.

Andy Williams is Managing Director of ITN’s licensing arm ITN Source

Trying out a new eBook reader app on an iPad. Photograph: Getty Images
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What it’s like to be a Syrian refugee in Paris

“We fled from terror and it found us again here. It feels like it is always behind us, stalking us.”

Walid al Omari arrived in Paris a little less than a month ago. Having fled the slaughter of his homeland and undertaken the long and dangerous journey, like tens of thousands of other Syrian refugees, to western Europe, he was finally safe.

Ten days later, a wave of brutal violence tore through the French capital as gunmen and suicide bombers put an end to the lives of 130 people who had been out enjoying a drink, dinner, a concert or a football match.

“It felt like terrorism was everywhere,” recalls the 57-year-old Walid, a former small business owner and journalist from the suburbs of Damascus.

“We fled from terror and it found us again here. It feels like it is always behind us, stalking us.”

Syrian refugees, not just in Paris but across Europe and North America, have since found themselves caught up in a storm of suspicion. The backlash started after it emerged that at least two of the attackers arrived in Europe among refugees travelling to Greece, while a Syrian passport was found next to one of the bodies.

It has not yet been confirmed if the two men were really Syrian – all suspects whose identities have so far been made public were either French or Belgian – while the passport is widely believed to be a fake. But, already, several US states have said they will not accept any more refugees from Syria. In Europe, Poland has called for the EU’s quota scheme for resettling refugees to be scrapped, while lawmakers in France, Germany and elsewhere have called for caps on refugee and migrant numbers.

“I fear the worse,” says Sabreen al Rassace, who works for Revivre, a charity that helps Syrian refugees resettle in France. She says she has been swamped by calls by concerned refugees in the days following the attacks.

“They ask me if the papers they have been given since they arrived in France will be taken away, if they’ll be sent back to Syria,” she says.

Anas Fouiz, who arrived in Paris in September, has experienced the backlash against refugees first hand.

“One waiter at a bar asked me where I was from and when I said Syria he said that I must be a terrorist, that all Arab people are terrorists,” says the 27-year-old from Damascus, who had been a fashion student before leaving for Europe.

The irony is that the terrorist organisation that claimed responsibility for the Paris attacks, the Islamic State, is, along with Bashar al Assad’s army and other militant groups, responsible for the long list of atrocities that prompted many like Walid and Anas to flee their homes.

“As a man in Syria you have the choice of joining the Syrian army, the Islamic state or another militant group, or you run away,” says Anas.

He remembers seeing news of the attacks unfold on television screens in bars and cafés in the Bastille area of Paris – close to where much of the carnage took place – as he drank with a friend. Desensitised by having seen so much violence and death in his home city, he didn’t feel any shock or fear.

“I just felt bad, because I know this situation,” he says. “You just ask yourself ‘why? Why do these people have to die?’.”

Perhaps a more pressing cause for concern is how easily extremists in Europe can travel to Syria and back again through the porous borders on the EU’s fringes – as several of the Paris attacks suspects are thought to have done.

Both Anas and Walid speak of the lax security they faced when entering Europe.

“Turkey lets people across the border for $20,” says Walid.

“In Greece, they just ask you to write your nationality, they don’t check passports,” adds Anas. “It’s the same in Hungary and Macedonia.”

Nevertheless, and despite his experience with the waiter, Anas says he is happy with the welcome he has received by the vast majority of the French people.

In fact, at a time when fear and violence risk deepening religious and social rifts, Anas’s story is a heartening tale of divisions being bridged.

Upon first arriving in Paris he slept on the streets, before a passer-by, a woman of Moroccan origin, offered him a room in her flat. He then spent time at a Christian organization that provides shelter for refugees, before moving in with a French-Jewish family he was put in touch with through another charity.

He says the biggest problem is that he misses his parents, who are still in Damascus.

“I speak to my mum twice a day on the phone,” he says. “She asks me if I’m okay, if I’m keeping safe. She’s worried about me.”