Describing copyright as “sexy” might be slightly stretching it, but intellectual property issues are in vogue like never before – witness the press interest in the publication of the Gowers Review of Intellectual Property (IP) in December.

DTI officials are in overdrive to implement those Gowers recommendations that do not require legislation – the ones that help individual creators and small businesses to recognise and value their own intellectual property.

Recommendations that will require legislation are scheduled for further consultation with stakeholders in spring.

Whilst welcoming the focus on IP for the UK economy and culture, British Music Rights’ overall assessment of the Gowers Review is mixed.

We are pleased about the emphasis on IP education.  It will help all parts of UK society to understand how to benefit from their creativity. 

We have been asking for the strengthening of enforcement measures and so welcome recommendations along these lines too.

However, we are very concerned about some recommendations suggesting new exceptions to copyright which we feel undermine its existence.

Gowers has proposed an exception for format shifting.  Since no-one has ever been prosecuted for ‘format shifting’ we question the need to define an exception but, if it goes ahead, it must be tightly drafted and accompanied by a public awareness campaign.  The UK government also risks breaking European law by introducing such an exception without providing a means of compensating the right holders.

Arguably more worrying is the recommendation for an exception for ‘transformative, derivative works’ which would allow the use of copyright music without, as now, first asking permission from or remunerating rightsholders. 

Gowers alleges that the existence of such an exception in the US aided the development of hip hop music there.  However, the hip hop scene in the UK is also vibrant and has developed without such exception, thanks to music publishers making sample clearance quick and efficient.  Again we question the need for change. 

Our lobbying work with UK and EU Governments will focus on helping them fine-tune the intellectual property framework in order to make it fit for purpose in the digital age. It is an age where the key question remains: How do we ensure creative individuals are paid for their work and that the investors in their talent continue to receive a return on their investment.