The digital economy bill is something that has been given a little bit of media coverage, but it has massive implications for a lot of us; if not everyone. It’s been rushed through the Commons, and the Guardian have a great guide to how it stands. It seems that everyone who is aware of the bill has an objection to part of it. Probably the majority of objections have been concerns about the power of ISPs with regards to illegal downloads (clauses #4 to #18). There are plenty of posts in the blogosphere about this, so I’ll not bore everyone by just repeating what’s been covered elsewhere.
The thing is, the only thing that was really of interest to photographers (that was in fact very concerning) was clause #43, which talks about ‘orphan works’ and how they are to be licensed. Luckily it’s one of the clauses that was removed from this bill, but I’m not convinced that this is the last that we’ve heard of this legislation.
‘Orphan works’ are defined within the bill:
A work is an orphan work if a person—
(a) has carried out a diligent search to find or, if necessary, to identify and find, the owner of, or of an interest in, copyright in the work, and
(b) has published the notice required by this section, but has not found the owner
It goes on further to make sure it’s a legally-complete definition, but in general, it’s saying that an orphan work is one where you can’t easily trace the rightful copyright owner. The licensing rules within the bill start with a paragraph that essentially summarises the whole thing:
The Secretary of State may by regulations provide for authorising a licensing body or other person to do, or to grant licences to do, acts in relation to an orphan work which would otherwise require the consent of the missing copyright owner
If the bill had been passed with this clause in its current state, the danger would be that someone could find one of my photos, claim that they can’t find me, contact a licensing body, pay a small fee, then essentially use it as if they own the copyright. Woah there! That’s a bit harsh. Luckily, we had an MP in the Commons fighting our corner though. Don Foster, who was my MP when I was a student at Bath Uni proposed an addition to that first paragraph:
…require the consent of the missing copyright owner subject to subsection (1A) below.
(1A) The regulations may not authorise the grant of a licence in respect of works of photography created after 1950.
So even if this clause does rear its head in another form, we’ve got an advocate “on the inside”. It will be interesting to see how the rest of the bill goes down though once it’s written into law. It’s a shame it’s been rushed through; there are some important issues in it that I think needed more debate than they’ve had.