UK report: make format shifting and parody legal, don't exte

[Hammer]

Andrew Gowers, former editor of the Financial Times, has spent the last year heading up a committee looking into intellectual property laws in the UK. The final report was made public today, and it offers 54 policy recommendations to the government. As is usually the case when someone tries to balance the rights of producers and consumers, everyone will find something to gripe about here, but there's also a lot to like for both groups.

Something for consumers...
Two of the most important recommendations come right up front. The report suggests that the European Commission keep the current 50-year copyright term for sound recordings, which the recording industry hopes to see extended to 95 years. In a related recommendation, the report also suggests that intellectual property rights should not be changed retroactively, something that has been done in the US on multiple occasions.

The BPI (Britain's version of the RIAA) was predictably unhappy with the decision, and said in a statement that they intend to keep up the fight for 95-year copyrights. "As Mr. Gowers says, the decision on extension is ultimately for the European Commission and we will be putting our case vigorously when it reviews the relevant directive next year," said Peter Jamieson, the BPI chairman.

But the BPI was pleased by another recommendation that will also be good news to UK consumers: a private copying exception that will allow for legal format shifting. Currently, ripping legally-purchased CDs and dumping them onto an iPod can result in prosecution, though the BPI has made clear it will not go after such people.

The Gowers report does contain the strange caveat that such an exception would only count "for works published after the date that the law comes into effect," which seems to indicate that ripping will remain illegal for all previous CD purchases. This is in line with the recommendation that IP rights not be changed retroactively, but it's still an odd decision; in the name of consistency, will every Brit who rips an Oasis CD remain a criminal?

There's plenty for libraries and research institutions to like, as well, such as broad research exceptions, the ability to format shift archival copies, and the authority to make backup copies of all materials.

...and something for producers
For content producers, the report recommends that the UK finally get its own copyright exception "for the purpose of caricature, parody or pastiche" by 2008. Currently, no such exception exists, but the report suggests that this will make it easier for artists such as Weird Al (yes, he's really mentioned, and right next to Tom Stoppard) to thrive.

The report also suggests more enforcement powers for the government to combat infringement, along with stiffer sentences. Recommendation 36 suggests that penalties for online and physical copyright infringement be made equal, which means that online infringement could carry a maximum 10-year sentence. The police would also pay more attention to IP crimes, and the cost of litigation should be brought down so that companies can more easily pursue infringement claims.

The complete report, which weighs in at 150 pages, is quite accessible in style and well worth a read by those interested in IP issues. Gowers and his team look to have done a solid job, but they have no guarantee that the government will adopt their suggestions, and the European Commission vote on sound recordings is beyond UK control.