Dear Stevie,

I understand that you met with Ros Lynch last week and she said we would send over some information on various topics.  I am responding on her behalf.

Copyright Notices

The Copyright Notice service allows anyone to ask the IPO to provide basic guidance on an area of copyright law where there is particular confusion or misunderstanding.  The service does not deal with specific disputes and is not intended to be a substitute for legal advice altogether, although the hope is that small businesses and individuals may be able to avoid obtaining expensive legal advice for some more straightforward matters.  We also try to avoid areas where there is already a lot of guidance available (online or otherwise), so that a Notice meets a real need.  The online request form is at http://www.ipo.gov.uk/pro-types/pro-copy/c-notice/c-notice-submit.htm.

The first Notice was published this year on digital images, photographs and the internet.  We are currently working on Notices on assigning copyright, amateur music performance and knitting patterns; these are all based on subject areas where a Notice has been requested.  We can notify you when the Notices are published if you would like.

UK Orphan Works Licensing Scheme

Orphan works are those copyright works where the right holder is unknown or cannot be found. At present, this means that the work cannot be licensed for use.  The licensing scheme for orphan works will have effect in the UK only, which allows for commercial and non-commercial use of any orphan work.  This will create new cultural and commercial opportunities, as well as helping to reunite copyright owners with their work and with appropriate remuneration.  It will be operated by an authorising body (the Intellectual Property Office).  Those who wish to use orphan works will apply, specify the type of use, pay an administrative fee, and conduct a diligent search for the orphan right holder.  The authorising body will check whether the search is sufficiently diligent, and if appropriate issue a licence for up to seven years, on payment of a licence fee.  A licence may be renewed if a refreshed diligent search is completed.

The licence fee will be kept for the right holder for eight years.  At the end of this period, the Government will use the unclaimed fees to defray set-up and running costs of the authorising body.  Any surplus may be used for social, cultural and education activities, or otherwise at the discretion of the Secretary of State.  The authorising body may also agree to pay the licence fee to a returning right holder after eight years in exceptional circumstances.

There is more information about orphan works in our consultation document and response, available at https://www.gov.uk/government/consultations/copyright-uk-orphan-works-licensing-scheme.  This page also has the individual responses to the consultation, which may or may not be of interest to you.  The regulations were laid in Parliament in July and we expect the debates to be in October.

Copyright Exceptions

I believe you also wanted the link to the guidance which has been published on the new copyright exceptions: https://www.gov.uk/government/publications/changes-to-copyright-law.  

If you have queries on any of these topics, please feel free to email me.  My work areas include Copyright Notices and Orphan Works, but I can easily put you in touch with someone on Exceptions if required.

Kind regards,

Margaret