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New Statesman - and companies that want "free" use of others’ intellectual property view copyright as a cumbersome and outdated regulation.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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There is one thing Donald Trump can't build a wall against

Muslim immigrants don't bring terrorism - ideology does. 

Rather than understanding the root of the Islamist extremist issue and examining the global scale of the challenge, one US presidential candidate has decided to pin his domestic security hopes on the demonisation of a particular group of people. 
 
The arrest of Ahmad Khan Rahami over the recent New York bombing, an Afghan-born naturalised US citizen, proved too tantalising an opportunity for the Republican presidential candidate Donald Trump to once again conflate terrorism and immigration. Taking aim at his rival Hillary Clinton, Trump claimed that she “wants to allow hundreds of thousands of these same people", people who he described as having hatred and sickness in their hearts.
 
It is unclear who exactly Mr Trump is referring to here, one can only assume that it is a reference to Muslims, more specifically those not born in the US, and their apparent deep-rooted hatred for all things American. These comments will no doubt strengthen support for his campaign among those who have remained supportive of his overtly anti-Muslim stance, but the reality is that Mr Trump is rather missing the point.
 
Trump’s insistence on profiling Muslims as a measure to curb terrorism is not merely offensive; it reinforces the "us versus them" rhetoric used by the very terrorists he is trying to defeat.
 
The attack on the Pulse nightclub in Orlando earlier this year was described as the deadliest mass shooting by a single attacker in American history. Omar Mateen, the perpetrator, was not an immigrant. Born in New York, Mateen was an American citizen by birth. This, however, did not stop him from killing dozens of innocent people and wounding many more. 
 
One of the most influential jihadi ideologues, certainly in the Western world, was in fact an American. Not a naturalised citizen, but a born American, Anwar al-Awlaki was a central figure in the propaganda output of al-Qaeda’s affiliate in the Arabian Peninsula. Awlaki’s ideas are reported to have been a significant factor in the radicalisation of the Tsarnaev brothers, the perpetrators of the deadly Boston Marathon bombing. 
 
Putting the spotlight on immigration as the most effective means to curb terrorism ignores the real problem; the ideology. The poisonous, divisive, and intolerant mindset that is at the heart of the matter is the real culprit. This ideology, which presents itself as a "true" reflection of Islam is nothing more than a politically motivated worldview that seeks to spread hatred and violence. 
 
Research from the Centre on Religion and Geopolitics has shown that those individuals who buy into this worldview come from a multitude of backgrounds. Some are from poor backgrounds while others are from more affluent ones, some are well-educated while others aren’t. The truth is that there is no prototype terrorist - the common denominator, however, is that they share an ideology. Focusing on immigration as a source for terrorists fails to acknowledge the wide and varied pool from which they recruit.
 
The ideology, which perverts the shared religious heritage that 1.6bn Muslims around the world hold dear, is not simply a threat to the US, but to the world over. There is no wall high enough, no trench deep enough, and no bomb big enough to destroy this ideology. 
 
While the focus on Isis conjures images of the Middle East, this year alone we have witnessed deadly attacks committed by the group including Indonesia, Bangladesh, France, Germany, and Belgium. The ideology that drives the violence is transnational; it’s a global threat that necessitates a global response.
 
The transnational appeal and threat of this ideology is evident with the recent phenomena of online radicalisation. Men and women, boys and girls, have been lured by these ideas from the safety of their own homes, with these powerful ideas moving some to join causes in lands they have never visited. 
 
Recent attacks in France, Germany, and indeed the US, have demonstrated how items that can be obtained ordinarily, such as vehicles and knives, are being weaponised to cause maximum damage. But would a ban on knives and trucks be the solution? The only effective means for defeating terrorists is by challenging and dismantling their ideological appeal, effectively sapping the substance that fuels the violence.
 
Mr Trump, who may become Commander-in-Chief of the world’s most formidable army, must recognise that we are engaged in a battle of ideas, similar to that of the Cold War. A battle in which opposing worldviews are key, words are important, and taking control of the narrative is paramount.
 
In this battle of ideas, Mr Trump is not only hampering the global efforts against groups like Isis and its ilk, but actually reinforcing the ideas put forward by the extremists. Our leaders should not mirror the intolerant attitudes of our enemies or echo their binary worldview. 
Though, when it comes to the Republican candidate, his past statements on the topic indicate, perhaps, that this aim is overly ambitious.
 
Our response must be clear and robust, but we must first acknowledge who, or what, the enemy is. Muslims coming to the US are not the enemy, Muslims born in America are not the enemy, the enemy is the poisonous ideology that has manipulated Islam.
 
Defeating this transnational ideology requires alliances, not alienation. Mr Trump has expressed his commitment to work with allies in the Middle East to fight terrorism, but it is just as important to foster good relations with American Muslims. They can, and should, play an integral role in defeating Islamist extremism at home.

Mubaraz Ahmed is an analyst at the Centre on Religion and Geopolitics. He tweets at @MubarazAhmed.