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

[Luis Villa]

Yes, thanks, Stevie!

I do wonder, on the orphan works front, what kind of reform would actually
work for us given the standards in place on Commons and elsewhere. Even the
most aggressive proposals I'm aware of end up looking a lot like
American-style fair use, with a non-zero amount of uncertainty around the
ability to use going forward. Are there specific proposals for reform in
the EU that would be acceptable on Commons?[1]

Luis

[1] I think a fair amount of reform of Commons is probably desirable, but
well outside the scope of this list, so for purposes of discussion lets
take current levels of enforcement of the precautionary principle for
granted.

On Thu, Nov 6, 2014 at 8:56 AM, Dimitar Parvanov Dimitrov <
dimitar.parvanov.dimitrov at gmail.com> wrote:

> 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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-- 
Luis Villa
Deputy General Counsel
Wikimedia Foundation
415.839.6885 ext. 6810

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