[Advocacy Advisors] Wikimedia UK response to new UK orphan works rules

Thu Nov 6 16:56:53 UTC 2014

Great work! Thanks Stevie and WMUK for keeping your eyes on the ball.

Dimi

2014-11-06 16:23 GMT+01:00 Stevie Benton <stevie.benton at wikimedia.org.uk>:

> Hello everyone,
>
> Last week the UK's Intellectual Property Office issued new guidance on
> the use of orphan works
> <https://www.gov.uk/government/news/uk-opens-access-to-91-million-orphan-works>
> .
>
> Wikimedia UK has just published its response to the new guidance. You can read
> the blog post here
> <https://blog.wikimedia.org.uk/2014/11/response-to-the-new-ipo-orphan-works-licensing-scheme/>
> or view the copy as text below.
>
> Thank you,
>
> Stevie
>
> *Response to the new IPO orphan works licensing scheme*
>
> The UK’s Intellectual Property Office
> <https://www.gov.uk/government/organisations/intellectual-property-office> last
> week announced the launch of a new orphan works licensing scheme
> <https://www.gov.uk/government/news/uk-opens-access-to-91-million-orphan-works>
> .
>
> This allows individuals and institutions wishing to use a work of
> intellectual property where the rights holder cannot be identified to apply
> for a licence from the IPO. Licences are awarded where the IPO is satisfied
> that the applicant conducted a “diligent” search for the rights holder, and
> they have paid a licensing and administration fee.
>
> This scheme brings forward little that is new. The rule allowing re-use
> after diligent search has been part of copyright law in the UK for many
> years. The primary purpose of the new licences seems to be to provide
> greater certainty to re-users that the searches they have undertaken are
> sufficiently extensive to guarantee legal protection should the copyright
> owner come forward.
>
> Searches have to be exceptionally comprehensive before the Intellectual
> Property Office will certify them as ‘diligent’ and although there are new
> guidelines which will provide greater clarity for cultural institutions,
> the imposition of an official fee is concerning.
>
> Even with this new scheme in place orphan works can still not be easily
> used by the Wikimedia projects and the volunteers who write and curate them.
>
> A real solution to the orphan works problem must await a more radical
> approach that goes beyond both this and the existing EU Orphan Works
> Directive
> <http://ec.europa.eu/internal_market/copyright/orphan_works/index_en.htm>.
>
> We believe that this should be addressed as part of a more far-reaching
> review of copyright as a whole, at a national and European level. For
> example, a simple reduction in copyright terms would instantly make many
> works which are currently orphaned available for reuse.
>
> You can see the recent Free Knowledge Advocacy Group EU position paper on
> copyright reform – of which we are a signatory – here
> <https://meta.wikimedia.org/wiki/EU_policy/Position_Paper_on_EU_Copyright>
> .
>
> --
>
> Stevie Benton
> Head of External Relations
> Wikimedia UK+44 (0) 20 7065 0993 / +44 (0) 7803 505 173
> @StevieBenton
>
> Wikimedia UK is a Company Limited by Guarantee registered in England and Wales, Registered No. 6741827. Registered Charity No.1144513. Registered Office 4th Floor, Development House, 56-64 Leonard Street, London EC2A 4LT. United Kingdom. Wikimedia UK is the UK chapter of a global Wikimedia movement. The Wikimedia projects are run by the Wikimedia Foundation (who operate Wikipedia, amongst other projects).
>
> *Wikimedia UK is an independent non-profit charity with no legal control over Wikipedia nor responsibility for its contents.*
>
>
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>
>
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