ORG’s Hargreaves Review submission

On Friday the Call for Evidence for the ‘Hargreaves’ Review of Intellectual Property closed. The Review team were looking for evidence and case studies relating to the relationship between IP, innovation and growth. ORG of course took the opportunity to contribute, and you can read our submission here.

We saw the review broadly as a chance to do three things:

1. Match up policy making with the mainstream, mature, evidence-based debates and thinking on IP, thus establishing a balance between the legitimate protection of IP and the appropriate flexibility.
2. Challenge the assumption widespread in policy making that stronger protection and enforcement of IP equals greater innovation and growth returns in all cases. 
3. Ensure that the interests of consumers and citizens are respected through an appreciation the effects of copyright on human rights, creativity and consumer rights. 

We discussed the need for better evidence and the need for policy to reflect it; the role of fair and competitive markets for content; the importance of copyright exceptions; and some of the dangers of over-aggressive enforcement. And we made a number of reccommendations, including:

• Commit to a programme of independent and rigorous research that aims to broaden the basis for policy by examining the broad economic and social impact of digitisation on cultural and knowledge production.

• A moratorium on any further policy making, either legislative or self-regulatory schemes, that strengthens the enforcement of copyright online until that programme of research has been conducted.

• Ensure that there is a full assessment of the relationship between copyright and competition issues, covering questions of fair and competitive markets from the perspective of innovators and consumers.

• Ensure that copyright policy is not undermined or superseded by contracts. Investigate the effect of contracts on relationships governed by copyright, from licensing agreements through to Digital Rights Management and End User Agreements.

• Establish clarity about the government’s position on copyright term extension. That should, following the evidence, reject extension of copyright term beyond current levels. It is vital that the UK government falls into line with the available evidence and commits publicly to opposing moves to extend copyright term.

• Ensure that independent technology experts are involved from as early a stage as possible in discussions about regulations or enforcement mechanisms reliant on technology.

• To commit to implementing wide-ranging copyright exceptions, particularly ‘low-hanging fruit’ such as parody, with a clear position as to the importance of updating and respecting a range of copyright exceptions to facilitate private uses, accessibility issues, research and educational interests. 

• With regard to private investment in the digitisation of public records, cost recovery analysis needs to be transparent and exclusivity deals should be time-limited in relation to that analysis, with a clear outline of when that data returns to the public domain.

The evidence gathering period has certainly got people talking. It has also helped to show the breadth of opinion and ideas out there about the way intellectual property should work in the ‘digital age’. (One way to catch up on the shape of the debate is to catch up on the RSA event from last week, which you can do here.) Fingers crossed for a positive and balanced outcome when the Review publishes its findings around Easter time. Let us know if you submitted and your thoughts on how the review is shaping up.

The submission marks another step in what is a busy period, following hot on the heels of the Judicial Review intervention. But there’s no slowing down! Next up, the Culture, Media and Sport Committee are looking at the framework for the protection of IP, and there’s a European Commission consultation on the Commission Report on the enforcement of intellectual property rights. We’ll be contributing to both. We’ll keep you informed with our progress, and get in touch if you want to talk about it.