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The month of February has two important deadlines for consultations on copyright matters, both summarized and linked to concisely by The 1709 Blog (image), and condensed and summarized below.

February 5, 2014, is the deadline for the EU Commission's public consultation on the review of EU copyright rules. The second, due February 25, is a Public Consultation on the UK orphan works licensing scheme.

Please review the details, submit your responses, and follow us and The 1709 Blog for more!

EU copyright rules

Two important questions for EU artists arise in the EU Public Consultation.

How should we monitor resale of paid, downloaded content?

4. Download to own digital content
Digital content is increasingly being bought via digital transmission (e.g.
download to own). Questions arise as to the possibility for users to dispose
of the files they buy in this manner (e.g. by selling them or by giving them
as a gift). The principle of EU exhaustion of the distribution right applies
in the case of the distribution of physical copies (e.g. when a tangible
article such as a CD or a book, etc. is sold, the right holder cannot
prevent the further distribution of that tangible article)1. The issue that
arises here is whether this principle can also be applied in the case of an
act of transmission equivalent in its effect to distribution (i.e. where the
buyer acquires the property of the copy)2. This raises difficult questions,
notably relating to the practical application of such an approach (how to
avoid re-sellers keeping and using a copy of a work after they have
“re-sold” it – this is often referred to as the “forward and delete”
question) as well as to the economic implications of the creation of a
second-hand market of copies of perfect quality that never deteriorate (in
contrast to the second-hand market for physical goods).

Require registration of works as a pre-condition for protection?

C. Registration of works and other subject matter – is it a good idea?
Registration is not often discussed in copyright in the EU as the existing international treaties in the area prohibit formalities as a condition for the protection and exercise of rights. However, this prohibition is not absolute29. Moreover a system of registration does not need to be made compulsory or constitute a precondition for the protection and exercise of rights. With a longer term of protection and with the increased opportunities that digital technology provides for the use of content (including older works and works that otherwise would not have been disseminated), the advantages and disadvantages of a system of registration are increasingly being considered30.

Important Questions for UK Orphan Works

UK OW IPORights holders, in particular, should take note of questions in the Annex F: Response Form, such as:

  • Should an orphan works licence be transferable? If so, in what circumstances would this be appropriate?
  • What are your views on allowing high volume users to take out an annual licence or similar arrangement to cover low value, non-commercial use?
  • Should there be a limit on the period of time in which a rights holder can claim his/her remuneration?
  • Should there be a right of appeal for users of orphan works in the event of unreasonable actions by the authorising body (IPO)?
  • How much does the fact that licences are limited to the UK impact upon your potential use of the scheme?
  • Would your main use of orphan works be as part of works that you produce already, such as a book or a television programme or would you develop a new product or service based on a whole collection of orphan works or a collection that is likely to contain many orphans or partial orphans?

Be sure to read the entire consultation, Copyright Works: Seeking the Lost.

Now is the time to respond!