Following the approval by the French National Assembly of the government’s “Creation and Internet Law” to promote and protect the distribution of works on the internet, the BPI has urged Ministers to live up to their ambition of making the UK “the world’s favoured destination for creative companies to grow and invest”.
In its response to the UK Government’s consultation on “Copyright in the Digital World”, the BPI has asked Government to strengthen its planned legislation on ISP responsibility for illegal filesharing, and to publish its draft legislation as quickly as possible.
In the Interim Digital Britain Report, published in January 2009, Ministers made a commitment to introduce legislation requiring ISPs to notify alleged infringers of copyright and to collect anonymised information on repeat offenders. This legislation is to be underpinned by a Code of Practice drawn up by industry.
The BPI's response emphasises that the Code is an urgent requirement and should be the primary focus of action, along with the publication of the draft legislation. It strongly backed the Government’s suggestion that the Code require ISPs to implement measures that prevent customers who ignore warning letters from continuing to use their internet service illegally. And if the Code cannot be agreed by industry before legislation comes into force, Ofcom should have the power to impose a Code and to enforce it.
The BPI believes that it is not necessary to create a new Digital Rights Agency to achieve these core aims. They could be delivered more quickly and more effectively through a forum of interested parties, facilitated either by Government or by Ofcom, without the need to establish a new agency. A variety of other roles for a putative Digital Rights Agency are proposed, but the BPI is doubtful that a wholly new body is required, or desirable, to fulfil these functions. It suggests that existing commercial initiatives and procedures can be used to achieve the aims, if action is required. It strongly opposes the idea that there could be a role for a new body in setting prices for rights.
Commenting on the French law and the BPI’s response, Chief Executive Geoff Taylor said:
“The French government has acted with admirable speed in bringing forward a solution to online copyright infringement. Its legislation will establish clear rules to discourage freeloading and allow legal services to succeed. Although the UK approach may differ in detail, Britain’s creators need concrete action here to get off the ground. The French system will be up and running by Autumn, so Ministers need move swiftly if the UK is not to be left behind.”
“The focus now should be on taking the steps that are necessary to give effect to the proposed new legislation. That is what will have the greatest impact in reducing unlawful filesharing; not the complexity of creating a new organisation. Ministers should publish the draft legislation without delay so that work on the Code of Practice can begin, to ensure that it is ready for when legislation comes into force.
“Work around joint consumer education and looking at potential obstacles to legitimate business models can take place in parallel, while further consideration is given to the wider issues proposed in the Rights Agency paper.
“Britain’s creative industries must not lose out to those of other countries where copyright infringement is being dealt with.”
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For further information, contact the BPI communications department on 020 7803 1395.
EDITORS NOTES
1. The BPI represents the UK recorded music business.
2. The French “Creation and Internet” law introduces a system of “graduated response” in France. In short, the law gives competence to an Administrative Authority (HADOPI) to apply a system of warnings followed by the suspension of the Internet connection of between one month and one year of subscribers who repeatedly infringe copyright.