Monday 23 November 2009

Will the digital economy bill backfire?

The government used the Queen's speech to introduce a Digital Bill that will "enhance UK's digital economy" by effectively tackling the copyright infringement online and improving digital infrastructure and content technologies.
Realising that rapid digital technological evolution calls for legislation that can resolve digital information issues such as file-sharing on the internet, book digitisation, internet privacy and even copyright violations on the web, the government has outlined its roadmap.
Addressing one of the most pressing concerns of the digital age, the proposed Bill aims at providing essential support for creative industries in a digital world, through proposals on online copyright infringement and changes to copyright licensing.
Through one of its primary elements - Online infringement of copyright - it will tackle widespread copyright infringement via a two-stage process. First by making legal action more effective and educating consumers about copyright online. Secondly through reserve powers, if needed, to introduce technical measures, such as disconnection.
But legal experts say the bill could bring in unexpected registration requirements and government control over online libraries and many other rights owners. They may need to register with the government, pay annual registration fees and be subject to codes of practice, backed up by criminal sanctions, if provisions regarding the control of 'licensing bodies' are brought in.
Copyright expert, Robin Fry, a partner at Beachcroft, said: "The government might have been thinking about the UK's fourteen main collecting societies - but unless there's a radical rethink any business selling rights to use copyright material could be forced to confront a new licensing regime.
He added: "The IT, information and the media industries have not yet picked up on the impact of this proposed law. There will be consternation in Soho and confusion in Shoreditch. This Bill already needs a desperate overhaul."
And the ISP association said they strongly oppose the proposals. The Bill also commits to public service content in a rapidly changing broadcasting landscape, through action on the provision of news in the nations, regionally and locally.
This illustrates the complexities of tackling copyright issues and other digital information related issues by playing catch-up. In a reactionary bid to tackle copyright concerns with new legislation, we are running a risk of chalking out hasty and sweeping rules that may, in fact, harm creativity.
The problems of mass digitisation and copyright and security must be resolved through due diligence, debates and inputs from experts working in the information industry. It must uphold the principles of existing copyright framework that is fair to creative enterprises and amend it to fit to the digital age rather than launching a new bill exclusively relating to the web. In addition, state intervention in the broadcast of news will only delay the flow of information to users.
Lastly, We have always argued on this blog that it is time to drop the silo approach. As complexities of having 27 varied copyright legislations across the EU challenge us, introducing a nation-specific bill will only double the woes of the European wide plan to address these concerns.
We don't need to be arm-twisted by the government, we need a bill that will resolve digital problems without impeding UK's digital growth and without limiting the amount of information accessed by the public.

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