Changing The Game. EU Legislation Adjustments That Speed Up UK Economic Growth

To eliminate the legal barriers in intellectual property legal framework, and thus speed up the emergence and application innovations and growth of GDP, the branch of the University of Manchester, UMIP, focused on intellectual property management has proposed a several possible solutions, narrowed to EU legislation adjustment.

Changing the rules of the European Union takes a long time. Prior to that, some of the limitations of the exclusive rights may be introduced at the level of the UK.

A permit for full text search in databases (text mining), and in respect of protected works, with the non-commercial research (the concept of «Fair Dealing», established by Directive 2001/29/ EU is not applicable here; restrictions should also apply to commercial research, but this is the level of the European Union).

Allowing free copying (private copying) for personal purposes. EU legislation allows such copying but subjects to payment of compensation, and such compensation is now included in the cost of the devices, making copies, and it appears that the levying of such compensation to the consumer unreasonably so far as to copying is a part of normal use of plenty of devices (e.g., in the case of recording devices acquired online movies and music), and there is no evidence that such copying causing any harm to holders.

Allow a free format conversion (format shifting) of lawfully acquired content (for example, when recording music from a CD to your hard drive for further listening on multiple devices). Now in the UK you need to notify customers that changing the format entails a breach of copyright. It seems clear that rights holders have long known about these user actions (as well as a copy for personal use), so the amount of remuneration for the use of works, apparently, have already been established with regard to such actions that mean a loss of rights holders to conduct it unwise; therefore, users should be able to convert and burn the content on a variety of devices for themselves and their families freely.

Free study of all kinds of works in any media for the purpose of non-commercial research should also be ensured.

Free archive libraries any works, including orphan and protected (including audio-visual materials and audio), as well as the digitisation of such works (like a digital archive has enormous economic, social and cultural value);

The freedom to establish parodies and pastiches (in modern mass communications network parody plays an important role, allowing many people to show their creativity and attitude to particular events) should be also enabled.

In practice, situations occur where the limitations of the exclusive rights is provided by law, directly or indirectly canceled the terms of agreements concluded with the users of the rights holders. In this regard, the legislation should clearly state that its provisions can not be modified by contract.

The complex of measures should give a positive impact on both development of industries and human interaction with intellectual property products.

Comments are closed.