DACS is concerned that the Government’s latest efforts to ‘modernise copyright’ do not consider the impact of the proposed changes on visual artists and how their practice differs from other types of creators.
(Image: Detail from '36 Elements: Glass Wall', Tokyo. © Susanna Heron.)
At the end of last year the Government set out proposals to allow for copyright protected works to be used in some additional circumstances without the need to seek permission from the creator or owner – these are known as copyright exceptions.
The Copyright Design and Patents Act 1988 already provides for a number of copyright exceptions, however this new move will see them extended further to include:
Private Copying
Copying of content (such as a CD) by an individual to another medium or device owned by that individual (such as a mobile phone), strictly for their own personal use. The proposal does not recognise that artistic works are used in different ways to music and film. This exception would potentially allow people to purchase a print and make multiple copies of it for their own use.
Parody, caricature and pastiche
The copying of works for parody, caricature and pastiche purposes will be permitted, though the rightsholder’s moral rights will be maintained. DACS is concerned that without a clear definition of each of these terms it will be argued that every 'humourous' use of a work could be permitted by law.
Education
The type and extent of works that can be copied by an educational establishment will be expanded, but should not, at this stage, impact on the royalties visual artists currently receive through Payback from the collective licensing of educational uses. However DACS would like to see a clearer a definition of copying for ‘teaching’ purposes if it means more works could be copied without permission being sought.
Archiving and Preservation
Libraries, archives, museums and galleries will be able to make preservation copies of works in their collection. Again DACS is seeking clarity on the definition of 'preservation' as combined with the education exception, this could have important ramifications for licensing works for websites, image banks for other digital uses.
What is clear is that the Government wants to modernise the UK copyright framework and give users greater access to copyright protected material. However DACS requires a more detailed definition of each of the exceptions to be assured that visual artists’ rights will not be impacted negatively.
Throughout 2013, we will continue to monitor these developments and work with the Government to ensure that visual artists’ continue to be recognised and rewarded for their work.
Read our response to the Government's consultation on modernising copyright in March 2012
Read the Government's subsequent Modernising Copyright report
Read the draft legislation to modernise copyright exceptions
Image credit: Detail from '36 Elements: Glass Wall' by Susanna Heron.
© Susanna Heron. All rights reserved, DACS 2013