British Music Rights welcomes the opportunity to respond to OFCOM's strategy and priorities for the promotion of media literacy.

Executive Summary

We note that OFCOM's media literacy strategy is aimed at providing people with "some of the tools…to manage their expectations and to protect themselves and their families from the risks involved" in an era of increased media choice. We strongly advocate that copyright awareness should be included as a key component of this educational and skills agenda so that young people in particular are equipped with a framework of understanding; what copyright is, what is and isn't legal in terms of downloading and Internet use, copying material, why it matters, and crucially, to identify and be signposted towards sites where creative content is made available legitimately.

Appropriate stakeholders identified by OFCOM - including content producers, broadcasters, platform and network providers, and Government departments - clearly have a responsibility in the area of copyright education as part of the drive "to help focus on the present and future media literacy needs of all members of society". There needs to be recognition by stakeholders and users of rights within the media and broadcasting value chain to generate an awareness of how creative people earn a living from the use of their work (especially as so many young people are interested in careers in these sectors) and to help promote an environment in which creators are fairly remunerated for their work.

We would add that Public Service Broadcasters (PSBs), and specifically the BBC, have an important duty, to promote media literacy, including copyright awareness, in their dual roles of educating and informing (aside from entertaining). The BBC's role in the promotion and delivery of creativity is paramount and we would therefore like to see the BBC play a central role as a copyright education facilitator because of its unparalleled access to audiences on a variety of levels and in a multiplicity of ways. This is particularly vital given the BBC's archive initiative and resulting public perception of this material as 'free'.

As recognised several years ago with the Government's Media Centres initiative, music and other creative media, such as film and video production can be useful in terms of ITC education. This can have an important role in helping overcome barriers to achieving appropriate levels of media literacy in the UK.

We would like to draw your attention to a resource that has already been successfully trialled within the e-commerce module of the citizenship component within the National Curriculum and seems particularly relevant to mention given the statement in OFCOM's media literacy document that "someone who is media literate may also be able to produce communications in electronic form, such as…create web pages". The 'Net Benefit' CD Rom was developed by the Institute for Citizenship and the National Consumer Council and supported by the Patent Office, with sponsorship and input from British Music Rights. It was designed as a Key Stage 3 & 4 citizenship resource and is interactive, enabling students to create their own entertainment websites, helping them to understand what is legal and what is not, with follow-up lessons to explore the issues surrounding this.

Recommendations

Integral components of media literacy are about helping an understanding of how media content is produced and how the content industries rely primarily on the principles of intellectual property and copyright. Such aspects have been omitted in the current strategy and priorities for the promotion of media literacy and we look forward to this now being addressed.

OFCOM is a member of the Government's recently established IP Forum, which will soon be establishing an education and awareness working group. OFCOM is therefore well placed to incorporate this component into its wider media literacy agenda.

A specific seminar on the subject of copyright awareness should be arranged by OFCOM, as part of the connecting, partnering and signposting strand of work, bringing together the various relevant stakeholders to consider appropriate educational tools and partnerships, and signposting to legitimate sites. British Music Rights would be interested in working with OFCOM in arranging a seminar of this kind. British Music Rights held a wider Copyright and Creativity seminar in July, sponsored by DfES and DCMS.

OFCOM to begin discussions with both the DfES and Patent Office in terms of the role of intellectual property and copyright as a key component of media literacy. It may be appropriate to incorporate this into media studies classes, or wider as part of the statutory citizenship curriculum, and as an examinational subject topic.

For OFCOM to discuss with PSBs, in particular the BBC, and other responsible broadcasters and platform and network providers, appropriate labelling of entertainment material which is made available to the public for no actual cost. For example, many free CD cover mounts attached to newspapers now carry a British Music Rights 'Respect the Value of Music' logo and a statement that the composers and publishers of the music have been paid.

The Association of Independent Music Labels (AIM) has explored the idea of developing a positive, simple, consumer-friendly international online emblem - a 'copyright trust mark' to identify legitimate sites as a guide to the public and as an educational tool. AIM would also be pleased to join any discussions in relation to the appropriate labelling of entertainment material.

We note the recent music-related initiatives by leading newspapers, such as The Sun's partnership with Napster, and The Guardian Unlimited collaboration with EMI which saw the site selling tracks from Glastonbury performers. A recent article from Simon Waldman, Director of Digital Publishing at Guardian Newspapers Ltd in the new media section of The Guardian (26 July 2004) observes that:

"One's about selling more newspapers and Napster promoting itself. The other's about newspapers working out how they're going to fit into what's destined to become a digital music industry. How people consume music is going to change a lot over the next few years and that creates some interesting opportunities for media companies to help them navigate through this new musical universe."

Clearly, with such schemes, aspects of copyright education and awareness are relevant as key components of media literacy.

We believe OFCOM should give consideration to establishing an internal media literacy steering group with senior representation to demonstrate the precedence given to these issues (beyond labelling). One consideration would be to broaden the remit of the Cross-Media working group and then establish sub-groups for particular areas. We also believe that any Cross-Media working group established should be truly reflective of a broad grouping across the (wide) media industry.

OFCOM to give full consideration to 'piloting initiatives' to the (various) strands of work as a means of trialling potential solutions.

British Music Rights response to Strategy and Priorities for the Promotion of Media Literacy Questions

Question 1: What is your view of Ofcom's proposed definition of media literacy?

British Music Rights concurs with OFCOM that there is no single definition of media literacy (point 9). Whilst prescriptive definitions may be unhelpful, we welcome the indicative direction from OFCOM in terms of the necessary ingredients (included in points 10-16).

With regards to the statement (point 13) that "the ability to operate the technology to find out what you are looking for, to understand that material, to have an opinion about it and where necessary to respond to it", a crucial dimension is surely the ability to distinguish between sites where creative content is legitimately or illegitimately available.

As explained in our executive summary, we believe that as part of this conceptual approach, there should be guidance in terms of communicating how media content is actually produced that it has a value, and helping users understand why copyright matters. It is imperative for the sustainability of the creative industries (see note 1) that content in the value supply chain is recognised whenever possible.

We suggest to add to the statement (point 13) which begins with "help understand that material" the words "and how it is produced and its value'" in order to acknowledge the importance of appreciating the (creative) process involved.

As part of this component, this should be accompanied by modifying the sentence (point 14) so that it reads "with these skills people will be able to exercise greater choice and be able better to protect themselves and their families from harmful, offensive AND ILLEGAL materials". For example, filtering technology could be used by parents and educational establishments and public access points (e.g. libraries), not only to prevent access to harmful and offensive material but with clear signposting to include sites where content material, such as music, is (or is not) being made available legally.

As outlined in greater detail in our executive summary, as part of OFCOM's ambitions of providing 'seed corn funding for projects', we suggest a specific seminar related to intellectual property rights and media literacy be organised by OFCOM (see note 2) in order to bring together the various stakeholders and develop thinking in this area. We would be interested in discussing the possibility of being involved in such a potential event. Feedback could then be relayed back to the Creative Industries IPR Forum to ensure any approach is coordinated with the wider Government Departments and the sub-working groups which are currently being established.

Question 2: What do you consider to be the key role/s of media literacy in the UK?

OFCOM correctly state that in terms of improving the level of media literacy in adults and children, content producers, broadcasters, platforms and network providers all have a responsibility in this area and are well placed to offer advice, support and guidance to their customers.

British Music Rights firmly believes that in addition to the concepts cited in OFCOM's consultation document, it should be the responsibility of appropriate stakeholders listed (point 16) - educators, broadcasters, ISP and other groups - to play their role in educating the creators and the creative entrepreneurs of the future and their audiences about how copyright works in enabling creative people to earn a living from the use of their work. An awareness of copyright and other intellectual property rights is an important part of business and media awareness for the future. OFCOM has a role to play here in terms of ensuring such stakeholders are aware of their responsibilities in this area and we look to OFCOM to ensure a consistent approach is taken to generate an awareness of copyright and other intellectual property rights, where appropriate.

Public Service Broadcasters (PSBs) have an important duty, in their dual roles of educating and informing (aside from entertaining) to promote media literacy. The BBC has an important role to play at the local, regional and national level (see note 3) and we look to the Corporation to reach out and work with various stakeholders in this area. This is particularly vital given their planned archive initiative and resulting public perception of this material as 'free'.

We believe that the Media Literacy Task Force could further explore how people can be helped to understand how media content is produced and paid for. Further awareness could be promoted in this area and we look to the Task Force to see how British Music Rights, amongst other stakeholders, can play an active role.

As identified in OFCOM's strategy (point 29), formal education plays a vital role in laying the foundations of media literacy. As part of OFCOM's principle role of providing leadership to focus stakeholders on the future needs in this area, we recommend that OFCOM begin discussions with both the DfES and Patent Office in terms of the role of intellectual property and copyright being key component of the media literacy curriculum. A resource has already been trialled that seems highly appropriate as a means for teaching copyright education within OFCOM's promotion of media literacy. The 'Net Benefit' CD Rom was developed by the Institute for Citizenship and the National Consumer Council and supported by the Patent Office, with sponsorship and input from British Music Rights. It was designed as a Key Stage 3 & 4 citizenship resource and is interactive, enabling students to create their own entertainment websites, helping them to understand what is legal and what is not, with follow-up lessons to explore the issues surrounding this.

Question 3: Do you agree that each of the 3 proposed strands of work (Research, Connecting, Partnering & Signposting and Labelling) address an important element of the media literacy landscape?

Broadly, we agree with the three proposed strands of work (Research, Connecting, Partnering & Signposting and Labelling).

In terms of the research component, this is welcomed, especially given the acknowledged under-whelming amount of work that has previously been undertaken in the area of media literacy. We believe that the scope of the research should be broad and we would appreciate the opportunity for further consultation with OFCOM here about our specific considerations on copyright awareness.

We would also recommend that OFCOM gives full consideration to 'piloting initiatives' to the strands of work as a means of trialling potential solutions.

Question 4: Are there any specific areas which you consider to be a priority that we have not considered here as part of our early media literacy work?

We believe that one practical component of media literacy is explaining to the public the value chain of the creative content process and that professional contributors to programmes at all levels need appropriate acknowledgement of the use of their work.

Public Service Broadcaster, particularly the BBC, have an important role to play in helping to improve public awareness of the role of intellectual property as a key component of creative content within the media ecology. As well as exercising best practice, there is also an awareness component to consider, particularly, as explained earlier, with regard to archive material that is made available for free, and we look to the BBC fulfilling this role as a leading player in the Media Literacy Task Force.

We believe that platform and network providers and hardware manufacturers (and retailers) have responsibilities in terms of copyright education within media literacy and are concerned that they that that they are not currently effectively engaged in this area. As part of developing an understanding of people's changing attitudes and expectations of content delivered on different platforms (point 43), we are particularly interested to be involved in this area given that music has been at the forefront of developments in the digital arena and that music publishers and composers have been licensing on-line music since 1997.

For background information, British Music Rights is a member of a pan-European initiative called the European Music Copyright Alliance (EMCA). This group is working towards launching a copyright awareness initiative in schools across Europe which aims to give young people an understanding of the value of creativity. We will be launching the campaign in the UK in November 2004 under the 'Respect the Value of Music' banner. Further details are available on the EMCA website: www.emcaweb.net or from British Music Rights.

Question 6: What do you see as being the key barriers to achieving appropriate levels of media literacy in the UK?

As recognised several years ago with the Government's Media Centres initiative, music and other creative media such as film and video production can be useful in ITC education and could therefore also have a role in helping overcome barriers to achieving appropriate levels of media literacy in the UK.

Question 8: Are there any other areas in which you feel that Ofcom should be conducting research in order to inform its media literacy work?

We reiterate the importance of OFCOM working with the Creative Industries IPR Forum to ensure any approach is coordinated with the wider Government Departments and the sub-working groups that are currently being established. We look to OFCOM to pay close attention to the programme of the sub-groups and then consider how further research could compliment and advance work being developed and undertaken.

Question 9: What are the key initiatives, projects or resources that Ofcom should have regard to in promoting media literacy?

As mentioned in the Executive Summary, signposting to legitimate sites is crucially important. It is apparent that the media literacy landscape is wide (and somewhat unclear) so we would welcome more details from OFCOM's on its ambition to address effective 'signposting'. Specifically, we would welcome more clarification in terms of raising the profile of existing initiatives (point 54). If there is a role for industry to play in collaboration, we would welcome the opportunity for engagement, where relevant and appropriate.

Many of our considerations in terms of the key initiatives and projects that OFCOM should have regard to have already been mentioned in previous sections and again, we emphasise the importance of OFCOM working with the Government's IPR Forum.

We note the observation that "teachers reporting difficulty gaining access and rights to use appropriate visual materials to support their media literacy teaching" (points 49 and 50). We would be pleased to participate in any wider discussions on this issue (i.e. beyond visual arts), and suggest that the crucial first steps are to clarify the legal framework and explain the actual process involved in rights licensing.

We would like to see OFCOM give consideration to establishing an internal steering group body with senior representation to demonstrate the precedence given to this area. One consideration would be to broaden the remit of the proposed cross-media working group beyond labelling (reference to point 64) and establish sub-groups for particular areas. If a cross-working group is established, it should be truly reflective of a wide grouping across the media industry. For example, it should be inclusive of rights holders and the hardware industries, amongst others.

In terms of OFCOM encouraging a portal (or part use of its website), we would welcome more clarification in this area as the strategy develops, and in particular, whether it is envisaged that this is an industry funded obligation, a joint partnership approach, or whether this would be one component of OFCOM fulfilling its statutory obligation in this area.

Question 10: Do you support the need for a common labelling system for audiovisual content?

We refer to our aforementioned comments on the appropriate labelling of entertainment material.

Notes

1. It is worth noting the comments from the Trade and Industry Secretary, Rt Hon. Patricia Hewitt MP, at a recent Speech to Citigroup entitled "Creativity in the Knowledge Economy". She suggested that, taken as a whole, the creative industries make a huge contribution to our economy, as well as to our social and cultural life. They employ almost two million people. They produce almost £1 in £12 of our total GDP - a higher proportion than in any other country. They contribute £11.4billion to our balance of trade, well ahead of the construction industry, insurance and pensions, and twice that of the pharmaceutical sector.

2. As noted in the Executive Summary, British Music Rights held a seminar on Creativity and Copyright in conjunction with DfES and DCMS on the 15th July 2004 which focussed on the use of copyright and education.

3. As outlined in the BBC's response to the BBC's Royal Charter, page 22-23.