British Music Rights (see note 1) welcomes the opportunity to comment on the Patent Office Innovation Support Strategy. We are members of the Alliance Against IP Theft, the Digital Content Forum, and the British Copyright Council and support their respective submissions in full.

We believe that Government needs to instil a greater understanding of copyright as the currency of our successful creative economy and the means by which creators are remunerated. This is essential not just for those working in and with the creative sectors but more generally throughout society, in consumer behaviour and in everyday working life. We have highlighted a series of recommendations which we believe would help enable this to transpire, as well as commenting on the proposals contained within the consultation document.

1. Education and Awareness

• We believe that IP education, awareness and understanding should be embedded in the UK curriculum, starting in primary school, across curriculum areas such as music, citizenship, business and enterprise, science and technology. Every young person should leave formal education with a mature understanding of intellectual property, what it is, how it drives innovation, how it creates wealth, how it is traded, protected, licensed, exploited. We strongly welcome the related recommendation in the Strategy and the work programme relating to working closer in conjunction with DfES.
• British Music Rights has for some time played a leading role in this arena. We have already established a successful school initiative, “Respect the Value of Music”, which has been introduced into secondary schools, helping children get a better understanding of how the music industry works, what it means to be a creator and how they might earn a living from their creativity through copyright.  And we are currently bringing together enterprise education and IP awareness in an exciting and innovative new resource for secondary schools (see note 2).
• We need Government recognition of and support for educational resources being developed by industry in response to teacher demand.  We are members of the CREATE group and look forward to working with the Patent Office, DfES, and DCMS on such a related seminar in the future.
• We strongly support the British Copyright Council recommendation that the Innovation Strategy integrate the CREATE principles.
• We believe that there is scope for further external communications by the Patent Office on all its activities, including policy development. Whilst a hard copy newsletter might seems appealing as a way of improving means of communication, a email newsletter and possibly web based interactive facility or portal would prove a far more helpful tool for users. Accordingly, the Government sponsored website www.intellectual-property.gov.uk needs to be more relevant and attractive.
• Whilst we support information being made available over the Internet, we remain to be convinced that is appropriate for the Patent Office to be involved in developing a website for children. Instead, we see a role for public service broadcasters, especially the BBC, to consider how it can play a leading role in this arena in the future.
• We believe that the proposal relating to the Patent Office involvement with TV production companies is perhaps inappropriate. However, there could be scope for the Patent Office to partner with broadcasters and rights holders in relation to a short film explaining the importance of IP, which could then be shown on platforms such as Teachers TV, TV for schools, and downloaded from websites.

2. Ensuring businesses understand how best to use IPR

• We strongly agree that the ambition of raising the understanding of copyright amongst SMEs and the business community is important. Evidence confirms that currently too few businesses and enterprises adequately understand IP and its potential to unleash value as a potential catalyst for new products and services (see note 3).  It is crucial that the Patent Office develops its relationship further with business support providers in order to promote IP awareness and understanding to professional business advisors. A review of effectiveness of the Office’s national awareness campaign should be conducted immediately; and we welcome the potential of a coordinated IP awareness campaign in the future.
• Beyond micro businesses, there should be consideration in terms of how best to support the freelance and self employed constituency base.
• As the Office will be aware, members of the creative community do not necessarily engage with public sector support provision and instead use their trade associations as trusted sources of sector specific advice and guidance, as well as informal networks. We look forward to working with the Office regarding how to support practical mechanisms to help improve outreach.
• We agree that there is further scope for improved collaboration between Government, public sector providers, and rights holders and other industry partners regarding basic enquiries concerning copyright. We support the British Copyright Council proposal regarding a general helpline enquiry point.
• We support the proposal in relation to developing IP clinics and advisory sessions relating to copyright. There is a clear demand for such provision, as the success of the ‘Own It’ IP advisory service in London has proven.
• We strongly support simplifying and improving the Copyright Tribunal procedures (see note 4) and welcome the steps that have already been taken by the Patent Office with regards to Mediation Services with the proviso that more information on how this relates to copyright being necessary.

3. Enforcement

• We welcome the acknowledgement within the programme of activities pertaining to enforcement and the emphasis on training to combat IP crime and improvements to IP crime intelligence gathering.
• We recommend the implementation of section 107 A of the Copyright Designs and Patents Act  1988 as amended in practice.

4. Additional observations on the Patent Office Innovation Strategy

• The strategy should delineate much further between copyright and other IP rights. At present, there is far too much focus on patents and other registered rights despite the strong and constantly increasing economic significance of copyright.  Furthermore, the strategy currently lacks the necessary focus on how to improve consumer and business awareness of copyright.
• Should the Patent Office consider a Committee to advise on copyright we strongly recommend the British Copyright Council as a respected consultative body with expertise in all areas of copyright and an objective, academic approach.
• There is a clear role for the Patent Office in promoting the importance of intellectual property across government. Hitherto, engagement and involvement of other Government departments (and Ofcom) has been insufficient. A potential solution would be for Government to give active consideration as to whether the employment of an IP tsar might facilitate and promote a better cross departmental understanding of IP.
• The strategy needs to better reflect the priorities of the Creative Industries IPR forum and the recommendations emanating from the three working groups. 
• Whilst the various activities proposed in the consultation document appear worthwhile, ultimately, appropriate prioritisation is crucial. The obvious fear being that the Patent Office’s resources and available funding to implement its programme might be too stretched.
• The strategy highlighting the Office’s desire to partner with industry is welcome but further information needs to be made available in terms of the mechanisms to allow this transpire as effectively as possible.
• We welcome the recognition in the strategy that the Patent Office has a leading role to play as an IP champion in policy development in both Europe and international organisations. 

Annex

British Music Rights info on Young Promoters scheme:

British Music Rights provides a collective voice for composers, songwriters, music publishers and their collecting societies through informed consensus.  We are a leading voice in raising awareness of the value of music to the British economy, culture and society.  Our audiences include policy makers (UK, EU and international), the media and the public.

We are a trusted, professional, progressive and forward looking organisation drawing on a wide variety of sources and collaborating as appropriate with industry, educational and other relevant partners. 

Education

Advances in technology are giving people greater access to music and increased opportunities to be creative with it.  As well as supporting legitimate online music services, we and others in the creative sectors are working to increase copyright awareness and a value for creativity.   In 2004 we launched ‘Respect the Value of Music’ Lesson Plans for KS3 (11-14), with the support of songwriters including David Arnold, Guy Chambers, Feargal Sharkey and Lucie Silvas. 

We are delighted to sponsor this Young Promoters initiative as a practical way of bringing enterprise education and music-making together. We would very much welcome wider availability of this type of project, enabling participants to learn how the creative sectors of the economy work and how copyright can help people to develop viable careers and businesses from their ideas and creativity.

Click here for more information, and to download a free copy of the ‘Respect the Value of Music’ lesson plans.

Notes

1. British Music Rights is the consensus voice of Britain’s composers and songwriters, music publishers and the UK collecting societies. The members of British Music Rights are the British Academy of Composers and Songwriters, the Music Publishers Association (MPA), the Mechanical-Copyright Protection Society (MCPS) and the Performing Right Society (PRS). We represent over 50,000 composers, songwriters, music publishers and their collecting societies.
2. See appendix for more information on the Young Promoters scheme.
3. A British Gas Time survey of small businesses revealed that UK small businesses are potentially wasting time developing new products and ideas - because they don‘t protect them.   The survey found that 79% of respondents did not know how copyright and patent protection works, with 74% operating without any form of intellectual, patent or copyright protection.
4. See the British Music Rights response to the consultation, “The Review of the Copyright Tribunal”, May 2006