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New Statesman - and companies that want "free" use of others’ intellectual property view copyright as a cumbersome and outdated regulation.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

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In the chaos of the Middle East, the world must stand behind the Kurds

The Kurdish people have shown themselves to be a small beacon of light in a sea of darkness.

It is one year since the lifting of the Siege of Kobanî. Many of us can recall harrowing images of the black flags of Isis flying threateningly from the surrounding hills, of car bombs being driven into the city’s defences, and of heroic citizens defending their houses and families from the despotic invaders intent on killing them. The Siege of Kobanî was the Stalingrad of the Syrian civil war – a true turning point in the battle against Isis.

Since then, we have seen a significant escalation in the involvement of the international community in Syria and Iraq. But to what end? Syria remains divided between various competing forces; Iraq is a half-governed country with declining influence over its populace. Foreign governments play power games across international boundaries which have long-since ceased to be relevant, least of all to those wishing to establish an Islamist caliphate.

Beheadings, suicide bombings, barrel bombs, religious extremism, violent intolerance, mass movements of people – these are just a few terms most associated with the Middle East today. To say the region is complex is an understatement bordering on ignorance.

In a recent PBS documentary, Inside Assad’s Syria, a television crew was sent to Damascus to cover its sectarian, religious and ideological divides. It showed us two halves to the city: one which lives in liberty and security; and another which resides in barrel-bombed apartment blocks and streets overrun with groups opposed to Bashar al-Assad.

In the southwest of Syria, pro-democratic force control pockets of land and fight Assad’s forces. In the northwest, Hezbollah works with Assad’s army to fight Islamist groups. Further north are areas ruled by groups with affiliations to Al Qaeda, such as the powerful al-Nusra Front. In the east, highways and cities have fallen to the apocalyptic regime of Isis, which stretches far across the old border into Iraq. What future does the Middle East have with such contrasting ideological and religious divides? It is near-impossible to offer a positive view for the future.

Resolving these issues will only be achieved in the long term and through a combination of local agreements (and perhaps the portioning of areas) of international oversight. In the short term, what can we do as citizens of a country with vested interests but limited power?

One of the problems of Western coverage and commentary is that we rarely view the Middle East in any way except through the prism of war. Debate is focused narrowly on the issues of intervention, extremism and migration. People are commonly talked about in derogatory terms with most mistakenly referred to as migrants, when many are fleeing from death and destruction.

These are people who, like us, desire to live in peace and security. They want to raise families and contribute to their communities. Although there are theological differences between Shias, Sunnis, Kurds, Christians, Jews and various minorities, for centuries these groups have lived alongside each other with general tolerance and respect. Churches have existed in the same cities as mosques. Yet the internecine conflicts have ruined the multiculturalism balances in Syria and Iraq. Communities have been divided against each other, sometimes on pain of death. The region is overrun with regressive forces.

Here in the UK, our view of foreign policy is shaped by the forming of alliances with progressive forces – that is those countries, governments and parties committed to values similar to our own. With the conflicts in Syria and Iraq as they are, dominated by regressive forces, our foreign policy is in disrepute. Who should we support in Syria? How can we continue to support Iraq’s army if it is being led on the ground by Iranian generals?

There is one force within the region that is progressive. They share our commitment to democracy, the rule of law and liberty. They have cohesive, well-led armed forces which not only protect their peoples, but also others in fear of persecution. Their women fight alongside their men, often in leadership positions. They have been the bulwark against Isis advances in both Iraq and Syria. They liberated Kobanî from oppression in tandem with US forces.

The Kurdish fighters of the People’s Protection Units (YPG) in Syria and the Peshmerga in Iraq have proved their strength and longevity in the face of enormous challenges. Lacking the weaponry appropriated by Isis, they have fought bravely and slowly liberated areas from tyranny. In doing so, they have treated non-Kurdish citizens well and protected them as they would wish to be protected by others. They have put their lives on the line for the common good, such as the taking of towns and cities outside of Kurdish areas. In doing so, they have refrained from declaring an expansion of Kurdish territory, instead stating that such lands will be handed over to local progressive groups when it is ready to do so.

Perversely, Western governments depend on Peshmerga and YPG forces to fight without adequately arming them. In Turkey, the same Kurdish citizens who would fight for the YPG against Isis are prosecuted and sometimes killed during clashes for protesting in favour of devolution. Turkey’s Kurdish populations in towns like Sur, Cizre, Nusaybin and many others are living under curfew. Yet we do nothing to raise this an issue.

Yet is it the Kurdish people that will be the first army to defeat the ideology of Isis. And because of this they are the biggest target. Their men and women are free. They live in lands governed by democracy, social justice and equality. They hold values in direct opposition to Isis but living in cities just miles apart. The Kurds are the only progressive force in the region which shares our values, has a commitment to democracy and has armies strong enough to protect its peoples.

If we believe in supporting those who share our values, we must show them our solidarity. Our support must go to Kurds as a whole not just those who fight for our interests, because the challenges Kurds face go beyond the borders set by the UK and France in 1920. These borders have been disregarded not only by Isis and al-Qaeda but also by Turkey, Iran, Saudi Arabia and Qatar, which have each ignored international boundaries in pursuit of their interests.

It is fair to say that this simple notion of solidarity leads us to certain complications. Kurdistan is an ancient region divided up by imperial powers between Turkey, Syria, Iraq and Iran. How do we support the Kurds without alienating our allies in Ankara and Baghdad?

During the 1991 Gulf War, the US, UK and France established a no-fly zone over Iraqi Kurdistan to protect Kurds from Saddam Hussein’s air force. A year later, the first free and fair elections were held in Kurdistan. It was also the first such election in the whole of Iraq. A decade on, whatever the merits of the conflict, the Peshmerga were allies of the Coalition during the 2003 invasion of Iraq. Since then, Kurdistan has remained steadfast in its commitment to a democratic future.

In Iraq, there is already a functioning Kurdish state in all but name. It is a pioneering force for democracy in the Middle East. In Iraqi Kurdistan there is a core set of values based on tolerance, respect and freedom of expression. Inclusiveness is enshrined in law. Women are recognised as equal citizens, with a law requiring that a minimum of 30 per cent of National Assembly seats must be taken by women. Furthermore, seats are also reserved for minority communities, with the Christian and Turkmen communities guaranteed at least five seats each. These values mirror our values.

We should adequately arm the Kurdish forces of the YPG and Peshmerga to adequately protect their lands. We must do whatever it takes to ensure Isis is restricted from further post-liberation resurgences, as was seen in the Kobanî region following the redeployment of Kurdish forces to Iraq. Over 350 were killed or injured in that resurgence, simply because YPG and Peshmerga forces are overstretched.

We should also seriously consider supporting Iraqi Kurdistan in its long-term ambition to be an independent state – when the time is right. No other people deserves it as do the Kurds. It is the largest homogenous nation on earth not represented by a unified state. They have a right to determine their own future. True, there are major issues to contend with – most notably corruption, political infighting and the continued presidency of Masoud Barzani beyond his legal mandate – however these issues can be overcome with the close help and guidance of the international community.

Outside of Kurdish controlled-areas lie lands ridden with conflict. We have seen our fellow citizens, friends and trading partners have their lives ruined by the twisted and hate-filled soldiers of Isis. In Syria, close to Kurdish cities, pro-democratic forces have been wiped out by Isis or other Islamist groups linked to Al-Qaeda. The rest of Syria is pock-marked with the barrel bombs dropped by Assad’s forces. Even within Kurdish-controlled areas, bombs have been dropped from Turkish planes on Kurdish YPG soldiers fighting for values which we would call our own. The region is highly complex and constantly changing.

Turkey is therefore a key player. Yet in recent years President Erdogan’s administration has escalated the conflict with the Kurdish citizens it represents. Peace talks between Abdullah Ocalan, the leader of the Kurdistan Workers Party (PKK), the People’s Democratic Party (HDP) and the Turkish government ended unsuccessfully in 2015. Erdogan appears determined to militarily crush the PKK before any negotiations around a lasting peace can recommence.

Turkey has refused to recognise either the YPG or the PYD – the main political party of Kurds in Syria – as a legitimate force on the ground, due to its concerns that any Kurdish autonomy in Syria may motivate Kurds in Turkey to demand similar rights. Before the Syrian civil war there were thought to be between 16-20 million Kurds resident in Turkey, in contrast to just two million in Syria.

For Erdogan, this issue is of greater importance than what is occurring in Syria and Iraq. During the Siege of Kobanî, Ankara refused Kurdish YPG fighters the right to travel across the border into Kobanî to fight Isis forces. Rather than allow them to protect their families and friends, Turkey sprayed them with tear gas and removed their weapons. Significant international pressure belatedly led to Ankara allowing Peshmerga Forces to travel from Iraqi Kurdistan and enter Kobanî through Turkey – and just in time to save the city from Isis. In the interim period, Isis recruits routinely crossed over the border with ease.

The Erdogan administration’s conflict with its own Kurdish citizens is undoubtedly complex. Many Kurds in Turkey want some level of recognition and autonomy but it is not known how many desire outright independence. A free and fair poll has never been carried out and would not be tolerated by Ankara. President Erdogan prefers to suppress opinion rather than encourage it. Where is our solidarity for people demanding human rights?

While Turkey’s air forces have been bombing the Kurdish-controlled Kandil mountainous areas in Iraq, often missing Kurdish forces, Ankara has remained a strong ally of the government in Iraqi Kurdistan, which it sees as a correcting force against the regional influences of Riyadh and Tehran. However, Ankara fears an independent Kurdistan and the effects this may have on the Kurdish populations of Turkey and Syria. Ankara fears the establishment of a Greater Kurdistan, an option which is not on the table and most Kurds do not think is achievable.

Each of these issues is interconnected. Though Kurds in Iraq may carry different passports to those in Syria and Turkey, they similarly identify as Kurdish peoples. They share a culture, a religion and a language. The challenges faced by Kurds in Syria are of utmost concern to Kurds in neighbouring countries. There is a fraternity that must not be dismissed.

The Kurdish question in Turkey is obviously complicated. Turkey remains a critical member for the NATO alliance with its landing strips used to carry out bombing raids on Isis. Therefore, keeping Ankara on side is important to Washington. This is why we in the West have been relatively silent on the Kurdish issue. Meanwhile, the international and national boundaries of Iraq and Syria are now so distorted to be almost beyond repair. Kurds control areas beyond that of Kurdistan, with no other force strong enough to protect people in those areas. In our determination not to ‘put boots on the ground’, we ask Peshmerga and YPG forces to do the heavy lifting and endure the casualties of a conflict we in part caused. This is unfair to the Kurdish people.

We must encourage Turkey to end the Kurdish conflict within its borders. Ankara must resume peace talks with Abdullah Ocalan and the HDP – now the third biggest group in the grand assembly of Turkey. Ankara should accept that the Kurdish question cannot be resolved by militarily means. The overarching issues of inequality, equal citizenship and minority rights are beyond the control of even the strongest of strongmen.

The UK can help resolve the Kurdish question. We have long been a supporter of Turkey’s aspiration to become an EU member. We should agree to accelerate that process in return for allowing the EU to broker a peace. We have a duty to the citizens of any state which harbours ambition to join us. We have a duty to protect people’s human rights.

At the same time, we should support the Peshmerga and YPG as they fight a common foe. Defeating Isis forces in Iraq and Syria would reduce the Islamists’ ability to train home-grown jihadists and send them back to European cities. We should support them with weapons and finances in return for guarantees over human rights and post-conflict governance of the areas they retake from Isis.

The Kurdish people have shown themselves to be a small beacon of light in a sea of darkness. If we believe in the values of democracy, tolerance and freedom of expression – we must support those peoples that practice them. There are small steps we can take to show them our solidarity. We must do what we can to support them.

Ibrahim Dogus is the Director of the Centre for Turkey Studies (www.ceftus.org) and the Director of the Centre for Kurdish Progress (www.kurdishprogress.org).