The UK’s copyright laws have been rated “the worst, by far’” in a survey of 16 countries¹, beating the emerging economies of both Thailand and Argentina to last place, say Consumer Focus and the Open Rights Group today.
The survey looked at how well each country’s copyright law balances the interests of rights holders with those of consumers, and was compiled by Consumers International¹. Large Asian countries dominate the top positions with both India and South Korea both scoring highly.
Ironically it was the UK that first developed copyright law as long ago as the 16th century, but while other nations evolved their laws in line with advances in technology, new media and everyday practice, the UK has singularly failed to keep up.
As a result, millions of unsuspecting UK consumers are being needlessly criminalised by out of date intellectual property laws. It is currently a copyright violation to rip a CD that you own on to your PC or iPod – even though over half (55%)² of British consumers admit to doing it and three in five (59%) think this type of copying (format shifting) is perfectly legal.
Consumer Focus is calling for the Government to introduce of a broad ‘Fair Use’ exception to UK copyright law which would be able to adapt to new technical environments over time – an approach already adopted by the US, who came fourth in the survey.
Ed Mayo, Chief Executive, Consumer Focus said: “UK copyright law is the oldest but also the most out of date. It’s time our copyright law caught up with the real world.
“The current system puts unrealistic limits on our listening and viewing habits and is rapidly losing credibility among consumers. A broad ‘Fair Use’ exception would bring us in line with consumer expectations, technology and the rest of the world.”
Jim Killock, Executive Director of Digital Rights campaigners the Open Rights Group, said: “Rigid copyright stifles innovation and hurts citizens. It’s no coincidence that Google set up in America, where ‘Fair Use’ rights make copyright more flexible. The UK government needs to grapple with this now, so that new UK industries can spring up and consumers can benefit.
“It is ridiculous to ban copying, sampling and parody without payment, yet that is how the law stands today. The government is undermining copyright’s reputation by failing to give clear rights to users in a changed digital world, where we all rip, mix and burn. Copyright urgently needs reform, as this study shows.”
A ‘Fair Use’ exception to the law would protect copyright holders’ exclusive rights, while providing exceptions to copying activities that cause no, or minimal economic harm to the rights holders. This would cover instances where consumers copy to: back up files; to view at a more convenient time (time shifting); to play on a different device (format shifting); or simply to share with family and friends.
Consumer Focus does not condone the sharing of content in violation of copyright, but considers the rise of this activity as an inevitable consequence of the formal digital market failing to meet consumer demands and needs. A ‘Fair Use’ exception would not allow widespread distribution of copyrighted material, even if for non-commercial reasons.
It would also cover ‘user generated content’ where material is reworked for new, ‘non-commercial’ purposes. Such content has an increasingly high social value – not least to the “You Tube generation”, which has discovered ‘mash-ups’ as a new, significant form of expression.
For more information, or to place an interview bid with either Ed Mayo or Jim Killock, call the Consumer Focus press office on 020 7799 8005.
NOTES TO EDITOR
1 The Consumer International survey is the inaugural Intellectual Property (IP) Watch List and examines the IP laws and enforcement practices of 16 countries – Argentina, Australia, Brazil, Chile, China, India, Indonesia, Israel, Malaysia, Pakistan, Philippines, South Korea, Spain, Thailand, UK, USA. To view the full survey visit http://a2knetwork.org/watchlist
Consumer International (CI) is the world federation of consumer groups that, working together with its members, serves as the only independent and authoritative global voice for consumers.
2 National Consumer Council survey of consumers’ CD copying habits was conducted online by YouGov Plc. A nationally representative sample of 2135 British adults, 18+, were interviewed between 10-12 April 2006. Results were weighted to the known profile of GB adults from the 2001 Census. YouGov is a member of the British Polling Council.
Consumer Focus champions the needs of consumers across the UK. Consumer Focus operates across the whole of the economy, persuading businesses and public services to put consumers at the heart of what they do. Consumer Focus takes action where markets fail consumers and ensures a fair deal for all – especially vulnerable and disadvantaged people.
The Open Rights Group (ORG) is a grassroots technology organisation established in 2005 to protect civil liberties wherever they are threatened by the poor implementation and regulation of digital technology. ORG has spoken out on copyright term extension, DRM and the introduction of electronic voting in the UK, as well as informing the debate on data protection, freedom of information, data retention and the surveillance state.