Digital Economy Act

BBC, big business leer creepily at orphan works

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Big publishers and the BBC have come out to lobby for the controversial Clause 43, that part of the Mandybill that strips photographers of their historical rights.

Is that surprising? It should be, because Clause 43 is the section that deals with ‘orphan works’ – and according to the Business department BIS, the only people who are supposed to benefit from the unique powers it confers are special parties: copyright libraries, such as the British Library. These are non-commercial operations. Clause 43 was never intended act as a leg-up for tight-fisted publishers.

But here they are.

As we noted recently, Clause 43 gives new powers to use an image for which the owner can’t be found. And the prospective user doesn’t really have to try too hard. Effectively the state “nationalises” orphans and gives a free collective licence to anyone who asks.

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Web-blocking returns

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The government has been circulating revised web-blocking powers for the Digital Economy Bill with industry and activist groups, and The Register has seen a draft. This version is believed to have won the backing of the Tories, and could end up in a Second Reading. The revised Clause 18 we’ve seen is a hybrid of … Read more

Panorama on the Digital Economy Bill

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BBC1’s flagship current affairs program was devoted to file sharing last night, and contained something to piss off a range of lobbyists.

Usually when this happens, BBC producers often conclude “they’re doing something right”, and pour themselves a large, congratulatory drink. They shouldn’t, because while the program succeeded in trying to be “fair”, it failed in its larger mission to present the issue properly – something we already understand.

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LibDems drop net blocking, blame activists

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LibDem peers agreed to drop their controversial net-blocking clause from the Digital Economy Bill after the government advised that the proposal would be legally unenforceable. It means the Bill now heads for the Commons with one of the key copyright infringement countermeasures up in the air, although it’s likely to be a return to Plan A (ministerial superpowers) rather than judicial oversight by the Courts, as the LibDems’ Plan B proposed.

The original Section 17 was written to deal with music and movie business concerns that a third of infringing material was being downloaded via cyberlockers, such as RapidShare. It gave the Minister considerable powers to order new countermeasures – extending copyright law on the hoof.

A clearly exasperated Lord Clement Jones, who had tabled the replacement Clause 17, said he’d done so in response to the concerns of internet activists, such as the ORG, who had objected to the ‘Ministerial Superpowers’.

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Photographers rue Mandy’s copyright landgrab

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A little-reported corner of the sprawling Digital Economy Bill reduces photographers to serf status – and concerns are rippling into the wider community. Photographers say bad wording and technical ignorance are to blame for Clause 42, calling it a “luncheon voucher” for greedy publishers. “The Bill contains no deterrent to the creation of orphans, no … Read more

LibDems score copyright coup

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The LibDems’ surprise amendment to strengthen UK courts’ powers over digital copyright infringement passed late last night, despite Labour and Tory opposition, replacing the government’s original, preferred proposal in the Digital Economy Bill.

Out goes the ability of the Minister to extend copyright legislation by statutory instrument – something earlier Ministers have already exercised, in practice. In comes the ability of the courts to block network addresses based on infringement notifications.

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LibDems back copyright takedowns

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Two LibDem peers have tabled an amendment allowing the Courts to grant injunctions against ISPs – blocking off sections of the internet found to host infringing material. It’s similar to the DMCA-style proposal punted by the BPI in the new year, which we exclusively revealed.

Injunctions are already a legal tool against infringement, but the LibDem Lord gives them a new scope and spin.

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