MEPs: Do not Enclose the Cultural Commons

Nicely put by the Open Rights Group:

Wednesday is the last full day to lobby your MEPs in Strasbourg before this Thursday’s vote on copyright term extension.

A cross party platform of MEPs have tabled an amendment to reject the proposal to extend the term of sound copyrights beyond 50 years. Contact your MEPs in Strasbourg and ask them to support the rejection amendment tabled by Sharon Bowles, Andrew Duff and Olle Schmidt ALDE, Guy Bono, PSE, Christofer Fjellner, Zuzana Roithova, Anna Ibrisagic EPP.

It also points to this amazing article from the FT of all places, called "Do not enclose the cultural commons":

Copyright is an act of force: it is the means by which states forcibly establish artificial monopolies in cultural works. There are two arguments why governments can legitimately do this. The first is to ensure efficient incentives for cultural production. The second is to ensure that artists get a fair reward for their contribution to our culture’s enrichment. In the absence of copyright, the ease with which cultural works can be reproduced may leave creators with neither efficient incentives nor fair rewards.

But neither consideration justifies extension of copyright beyond the current 50 years. If anything, copyright terms are currently too long.

Wow, at least we're having an impact *somewhere*: the FT talking about enclosing the commons, and intellectual monopolies...

Anyway, as usual, here's my quick note that I've sent to my MEPs via WriteTotThem:

I am writing to ask you to vote against the proposal to extend the term of sound copyrights beyond 50 years, and to support the rejection amendment tabled by Sharon Bowles, Andrew Duff and Olle Schmidt ALDE, Guy Bono, PSE, Christofer Fjellner, Zuzana Roithova, Anna Ibrisagic EPP.

By now, it has been established that there is no economic justification for extending copyright; that doing so will harm the vast majority of people, and put money in the pockets of a very few, mostly well-off, musical superstars. This measure is quite simply lobbying at its worst.

But you don't have to believe me. Here's what the Financial Times' Editors, hardly anti-business, wrote earlier this week:

“Copyright extension is, in the main, just the well-known strategy of powerful companies: profit-grabbing through lobbying for state protection. That is bad enough. Worse is the chilling effect it can have on creativity: the industry is already on a legal crusade against the sampling of copyrighted material into new original work. This is like the Grimm brothers’ descendants suing Disney for using their fairy tales.

The cultural industries are over-protected. If cultural works were less greedily hoarded, consumers would enjoy more variety – and artists would create more freely.”

Indeed, it points out:

“If anything, copyright terms are currently too long.”

For these, and all the other well-rehearsed reasons why copyright extension would be a retrograde step, I urge you to vote for the rejection amendment.

The End of the Copyright Ratchet/Racket?

Will this response from the UK Department for Culture, Media and Sport go down in history as the great turning point for copyright, when the constant extension ratchet was halted and eventually reversed?

Maybe I'm an incurably optimist, but I have to say I was pretty impressed by the generally sane tone of this document after years of industry-driven exaggeration about "piracy" and such-like. The best demonstration of this comes right at the end, where the earlier proposal by the House of Commons Culture Committee to extend the term of copyright in sound recordings is discussed. Here's what the report has to say:

The Government appreciates the work of the Committee and the deliberation it has given to this subject. As the Committee noted,the independent Gowers Review also considered this issue in detail and recommended that the European Commission retain a term of protection for sound recordings and performers of 50 years. The Review undertook a detailed analysis of all the arguments put forward,including the moral arguments regarding the treatment of performers. It concluded that an extension would not benefit the majority of performers,most of whom have contractual relationships requiring their royalties be paid back to the record label. It also concluded that an extension would have a negative impact on the balance of trade and that it would not increase incentives to create new works.Furthermore,it considered not just the impact on the music industry but on the economy as a whole,and concluded that an extension would lead to increased costs to industry,such as those who use music – whether to provide ambience in a shop or restaurant or for TV or radio broadcasting – and to consumers who would have to pay royalties for longer. In reaching such conclusions,the Review took account of the question of parity with other countries such as the US,and concluded that,although royalties were payable for longer there,the total amount was likely to be similar – or possibly less – as there were fewer revenue streams available under the US system.

This is doubly important, because it will have important knock-on effects beyond the UK. As Becky Hogge of the Open Rights Groups rightly points out:

This is significant, since the UK government is likely to have a disproportionately loud voice on this issue both because it is home to the most lucrative recording industry in Europe and because it has taken the time to review this issue in detail.

So we have the prospect of Europe following the UK's lead in halting the constant copyright extension. This, in its turn, will help to put a brake on such copyright extensions around the world, since there will no longer be the argument that "eveyone else is doing it, we must follow suit". Maybe it's too much to hope that in due course copyright terms will start to be reduced - but then, as I said, I'm an incurable optimist.

Copyright: An Open Letter for Closed Minds

Another impressive line-up of mega-academics denouncing the lack of logic for the proposed copyright extension currently being considered in the EU (I'll be writing about this again soon). Here's Rufus Pollock's intro, setting this open letter in a historical context:

The letter, of which I was a signatory, is focused on the change in the UK government’s position (from one of opposition to a term extension to, it appears, one of allowing an extension “perhaps to 70 years”). However, it is noteworthy that this is only one in a long line long line of well-nigh universal opposition among scholars to this proposal to extend copyright term.

For example, last April a joint letter was sent to the Commission signed by more than 30 of the most eminent European (and a few US) economists who have worked on intellectual property issues (including several Nobel prize winners, the Presidents of the EEA and RES, etc). The letter made very clear that term extension was considered to be a serious mistake (you can find a cached copy of this letter online here). More recently — only two weeks ago — the main European centres of IP law issued a statement (addendum) reiterating their concerns and calling for a rejection of the current proposal.

Despite this well-nigh universal opposition from IP experts the Commission put forward a proposal last July to extend term from 50 to 95 years (retrospectively as well as prospectively). That proposal is now in the final stages of its consideration by the European Parliament and Council. We can only hope that they will understand the basic point that an extension of the form proposed must inevitably to more harm than good to the welfare of the EU and should therefore be opposed.

Do read the letter too: the intellectual anger at this stupidity is palpable.

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Rufus Pollock On Copyright and its Sorrows

Brilliant, succinct post by Rufus Pollock explaining what copyright is supposed to be doing (if it's doing anything):

copyright is instrument created in order to promote the interests of society as a whole not to promote the interests of the producers of creative works. Of course we care about remunerating producers and artists both because they are members of society but also, and more importantly, because by remunerating them we ensure the creation of more works which society as a whole can enjoy.

Nevertheless, it is essential to keep in mind that the purpose of copyright is broader than to promote the interests of a single group. This fact then is central to any assessment of the form and level of copyright and it has important implications. For example if we have a proposal that will help artists but overall harm society we should not support that proposal.

Moreover, he puts his finger on precisely why people flout current copyright laws - and how to fix it:

the successful enforcement of any rule depends on that rule having public legitimacy — being considered reasonable by the majority of the populace. Currently that is not the case: copyright suffers from a serious lack “respect” and has marked lack of public legitimacy.

If you wish to change that we need the rules to be fair and balanced — it hard to have respect and enforcement of an unfair system. For example, copyright term should be reduced and we should expressly avoid extensions, especially retrospective ones like that currently before Parliament in relation to sound recordings. Such policies appear to reflect nothing more than special interest lobbying and this can only make copyright’s “marked lack of public legitimacy” worse — I would note here the recent joint statement put out European IP law centres who emphasized that retrospective term extension would seriously undermine respect for copyright and make “piracy the easy option”.

Exactly; he is even able to single out why copyright is now going through a crisis in this respect:

I would also argue that just rules must also be reasonable rules. For example, is it reasonable in an age of costless reproduction to continue to promote a model of copyright based on exclusive rights? Much of the “problem” of unauthorised file-sharing could be resolved if we moved to an alternative compensation system based on an equitable remuneration right approach.

*This* is what the media industries just cannot grasp: that costless reproduction has changed the public's perception of what is fair. This, in its turn, means that content producers have to change their own expectations - and business models - if they want society to enforce properly the rules surrounding copyright.

Copyright Theft

The ideas that "copyright theft" is widespread, and that people are "stealing" digital content from creators, are favourite tropes of the copyright maximalists.  It's total rubbish, of course.  The law clearly states that if it is anything it is copyright infringement, and simple logic tells us that digital copies aren't stealing, because they do not take away, but add.

Yes, there is a question of whether that unauthorised duplication leads to a loss of revenue, but the answer is by no means as clear-cut as people would have you believe.  A range of studies shows that such sharing actually boosts sales, acting as unofficial - and free - marketing.

That's why I've long been advocating independent research into this area - after all, if the copyright industries are so sure that file sharing is leading to revenue loss, what have they to fear from objective research into this area?  And yet strangely they seem reluctant even to countenance the idea.

But whatever your views on that particular issue, it seems likely that the following will only exacerbate the problem [.pdf]:

The [European] Council today adopted by qualified majority a directive extending the term of protection of the rights of performers and phonogram producers on music recordings within the EU from 50 to 70 years.

What this means, in practical terms, is that there is very little chance that I - or any of my more musical contemporaries - will ever be able to use today's music recordings to create new works.  As with the other media, contemporary recorded music will live in a closed, antiseptic bubble that no one is allowed to penetrate for nearly a hundred years or so.

That's all very distant and theoretical; it's hard to see what the problem is, perhas.  So let's look a little more closely at what has happened here by imagining a strange parallel world, remarkable like our own until yesterday, when the following happened:

The [European] Council Council today adopted by qualified majority a directive reducing the term of protection of the rights of performers and phonogram producers on music recordings within the EU from 50 to 30 years.

As you can see, this is almost exactly the same as our world, with the very minor difference that the copyright term for music recordings was reduced by 20 years, instead of being increased.  Pretty minor, you might think - after all, what's 20 years plus or minus?  If it can be increased, it can be decreased, no?

But in that parallel world, imagine the howls of anger and pain that would be issuing forth from the music industry at this outrageous and unjustified appropriation of their rightful dues.  Musicians would be marching in the streets, and the companies that live off them would be lobbying as never before to get this terrible result reversed.

Luckily for them, that was in a parallel world.  But thanks to the symmetry of copyright - that it represents a bargain between creators and the public, with grants of a temporary monopoly to the former in return for the passage into the public domain of the work after that monopoly has expired - that very same expropriation has taken place - from you, me and everyone that goes to make up that nebulous "public".  The only really difference is that no one is marching in the streets to reverse it.

When the musicians recorded their songs, the deal was that they would receive copyright for 50 years (or maybe less, depending on when they recorded it).  In return for that 50 years, they agreed that the public domain would be enriched so that we, the public, could do as we wished with that music.

That compact, freely entered into by both sides, has just been broken.  The recordings will no longer enter the public domain on the agreed date; instead, we must wait yet another 20 years.  In effect, then, we have had 20 years public domain use stolen from us, since nothing was given in return for this sudden loss.

There can be no quibbling here about whether this is really theft, because something we had before has been taken away without our permission.  Yes, the European Council may theoretically be acting in our name, but I don't remember being asked at any point whether I agreed to this.  The fact is that the Council acted unilaterally, at the behest of the music industry that wanted something for nothing - not because we, the public, were begging politicians to change the law in this way and to make us poorer than we were before.

This is what *real* copyright theft looks like: the stealing from the public by yet another unjustified and undemocratic extension of copyright.

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Copyright Moves from Reason to Emotion

Interesting discussion of the proposed extension to sound copyright, including the following:

In setting up the rationalist background of his title, Professor Bently noted that the 2004 EC Staff Working Paper, the Gowers Report, and the EC-commissioned IVIR report had all approached the question rationally, with evidence-based and economic reasoning. Each had come out against extension.

Also worth noting is this comment from the other side:

He challenged the economic evidence against extension, relying on counter-examples in a PwC report which had failed to identify any significant pricing difference between copyright and out-of-copyright music. To illustrate this point, he observed that iTunes charge 79p a track regardless of the existence of sound recording protection or lack thereof, and concluded that extending copyright would not act to the disbenefit of consumers.

Not for consumers, maybe, but what about that new group - those who want to *re-use* material? Plenty of disbenefit for them....

Gowers Now Out

The Gowers Review is now out. I've not had time to read it all yet, but there's a good summary in the Treasury's press release:

Whilst the Review concludes that the UK has a fundamentally strong IP system, it sets out important targeted reforms. The reforms aim to:

* strengthen enforcement of IP rights to protect the UK's creative industries from piracy and counterfeiting;
* provide additional support for British businesses using IP in the UK and abroad; and
* strike the right balance to encourage firms and individuals to innovate and invest in new ideas while ensuring that markets remain competitive and that future innovation is not impeded.

There's some good news in this:

To ensure the correct balance in IP rights the review recommends:

* ensuring the IP system only proscribes genuinely illegitimate activity. The Review recommends introducing a strictly limited 'private copying' exception to enable consumers to format-shift content they purchase for personal use. For example to legally transfer music from CD to their MP3 player;
* enabling access to content for libraries and education establishments - to ensure that the UK's cultural heritage can be adequately stored for preservation and accessed for learning. The Review recommends clarifying exceptions to copyright to make them fit for the digital age; and
* recommending that the European Commission does not change the status quo and retains the 50 year term of copyright protection for sound recordings and related performers' rights.

But I worry about what the following will mean in practice:

With the music industry losing as much as 20 per cent of annual turnover to piracy and counterfeiting, the Review recommends strengthening enforcement of IP rights through:

* new powers and duties for Trading Standards to take action against infringement of copyright law;
* IP crime recognised as an area for police action in the National Community Safety Plan;
* tougher penalties for online copyright infringement - with a maximum 10 years imprisonment;
* lowering the costs of litigation - by using mediation and consulting on the use of fast-track litigation. The Review acknowledges that prohibitive legal costs affect the ability of any to defend and challenge IP; and
* consulting on the use of civil damages as a deterrent for IP infringement.

If this means going after large-scale counterfeiters, well and good. But if we're talking about "tougher penalties" and "police action" for all kinds creative uses - mashups etc. - then there are going to be big problems.

Parenthetically, here's a characteristically wise and well-written piece by Larry Lessig in today's FT about one aspect of the report. He's worried that the Gowers recommendation on not changing the status quo for sound recordings may be ignored by the UK Government to keep some of its industry chums happy:

There is not much doubt about what it will say on this proposal. There is much more doubt about whether the government will follow the report's sensible advice.

Lessig then makes his usual sensible pitch about orphan works, including with the following splendid peroration:

There are some who believe that copyright terms should be perpetual. Britain did the world a great service when it resolved that debate almost 300 years ago, by establishing one of the earliest copyright regimes to limit copyright to a fixed term. It could now teach the world a second important lesson: any gift of term extension should only go to those who ask.

Getting it Right on Copyright in Europe

The European Union is commissioning some seriously serious research these days. Yesterday I wrote about the impressively named and indeed impressive "Study on the Economic impact of open source software on innovation and the competitiveness of the Information and Communication Technologies (ICT) sector in the EU"; and now here we have one entitled "The Recasting of Copyright & Related Rights for the Knowledge Economy".

I can't pretend to have read all 305 pages of it, but I did spot a couple of sections in the Executive Summary that suggests it has its heart (and head) in the right place:

Holders of neighbouring rights in performances and phonograms have expressed concern that the existing term of protection of 50 years puts them and the European creative industries, in particular the music industry, at a disadvantage, as compared to the longer protection provided for in the United States. Chapter 3 examines these concerns, first by describing and comparing the terms in the EU in the light of the existing international framework and existing terms in countries outside the EU, secondly by examining the rationales underlying related (neighbouring) rights protection and finally by applying economic analysis.

The authors of this study are not convinced by the arguments made in favour of a term extension. The term of protection currently laid down in the Term Directive (50 years from fixation or other triggering event) is already well above the minimum standard of the Rome Convention (20 years), and substantially longer than the terms that previously existed in many Member States. Stakeholders have based their claim mainly on a comparison with the law of the United States, where sound recordings are protected under copyright law for exceptionally long terms (life plus 70 years or, in case of works for hire, 95 years from publication or 120 years from creation). Perceived from an international perspective the American terms are anomalous and cannot serve as a legal justification for extending the terms of related rights in the EU.

This too was perceptive:

An assessment of the acceptance of copyright by the general public is more difficult to make. For this purpose empirical data on p2p file sharing and software sharing were analysed as ‘indicators by proxy’. These surveys make clear that unauthorised use and distribution is the norm for approximately 50 per cent of the populations concerned. However, a much larger share of the European public does recognise the equitability of and the need for copyright protection.

However, in such circles as student communities as well as the ‘virtual communities’ that are p2p networks, the prevailing ethical norm is not so much one of complying with copyright, but rather one of sharing. It was furthermore found that consumer behaviour is also informed by a weighing of the advantages and disadvantages of file sharing versus legally purchasing copies. If a commercial content provider offers the consumer a ‘bad bargain’ in terms of limited availability, high prices or restrictive use conditions (e.g. portability), then the consumer is not likely to find it unethical to opt for p2p file sharing instead.

UK Sticks with 70 Years for Music Copyright

Cold comfort, but the UK government is being more sensible than most others on the sound copyright extension:

David Lammy, the U.K. minister of state for intellectual property, has reaffirmed the British government's position on term extension by refusing to accept the European Parliament's legal affairs committee ruling on a 95-year copyright term for music recordings.

...


In a statement, Lammy effectively reiterated that support for a 70-year term for music recordings. The European ruling will ultimately be voted on by the Council of Ministers, in which Germany and France are supporters of the 95-year term.

So a certain amount of kudos is due. But not much.

UK Copyright Extension Alert

Even though the Gowers Review comprehensively trashed the idea of extending copyright for sound recordings, zombie-like it's back as a Private Member's Bill. The indispensable Open Rights Group has more and tells you what do about it. Hint: it involves writing to your MP:

What can you say to persuade your MP to show up to the Commons on a Friday? Perhaps you might point out that all the economic evidence points against term extension. Or that every other UK citizen is expected to contribute to their pension out of income earned in their working life. Or that retrospectively extending copyright term won’t encourage Elvis Presley to record any more new tracks. Or that if governments continue to draft intellectual property legislation on behalf of special interest groups, it will only further erode the respect that ordinary citizens have for the letter of the law.

Let My Music Go

There is a mini-disaster looming in the UK: the music industry wants to extend the term of copyright for sound recordings. It would be bad enough if they did this for the future, but the danger is that it might be applied retrospectively, taking music currently in the public domain, and locking it up for another couple of generations.

This is scandalously greedy, since extending copyrights will rarely benefit the original creators of the music: it is the music labels that usually own the copyrights. And it certainly won't encourage groups like the Beatles to write more classics, for the simple reason that they can't - a clear demonstration of the specious logic generally used to justify the copyright extension, that it will encourage more creativity.

Though the gains may be marginal and misplaced, the losses will be real and general. To fight this iniquitous situation, there's a new campaign: it's called Release The Music. If you want to find out about the copyright issues there's more on the site.

They say that a gentleman only supports lost causes, and so I urge you to support what is almost certainly a no-hoper given the current political climate and the influence the record industry wields. (Via Lessig's Blog.)

Going Beyond Gowers

One of the great things about the Gowers Review is that it used a solid economic analysis to show that extending the term of copyright in music recordings made no sense. The other great thing about it is that others can carry out similar objective analyses to arrive at the same result:

Today, the leading European centres for intellectual property research have released a joint letter to EU Commission President Jose Manuel Barroso, enclosing an impact assessment detailing the far reaching and negative effects of the proposal to extend the term of copyright in sound recordings.

“This Copyright Extension Directive, proposed by Commissioner Mccreevy, is likely to damage seriously the reputation of the Commission. It is a spectacular kowtow to one single special interest group: the multinational recording industry (Universal, Sony/BMG, Warner and EMI) hiding behind the rhetoric of “aging performing artists”.

The BBC Blows it Again

More incisive reporting from the BBC - not. This time, it concerns the move to extend performers' copyright from 50 to 70 years. The UK Government - to its credit - is resisting, because it makes no sense economically: copyright is meant to encourage *new* creation, not reward existing work.

Increasing the copyright term will cannot encourage people who have already created (absent time machines), offers marginal additional incentive to those who might create, but represents a massive loss for the public domain. Alas, the musicians - and the BBC - don't seem to get this:

A video message on behalf of 38,000 UK musicians has been sent to Gordon Brown urging him to back an extension of their copyright protection.

The musicians, many of whom have worked with major artists, say they risk losing their income under current laws.

The BBC has sunk to new depths of sloppy reporting by failing even to mention why there might be another side to this story - choosing, instead, to peddle the musicians' sob-story:

"The amount of revenue that's been brought into this country by these people is quite staggering. Now we require the government to help us out a little bit and show perhaps a bit of gratitude."

He added: "Instead they choose to kick us in the face and ignore our campaign to extend the copyright for these people and their estate."

Want To See Peak Copyright? Here's What To Do

It's a curious fact that the term of copyright only ever gets longer. Since copyright is a government-backed monopoly, and monopolies are generally regarded as bad things, you might have expected some countervailing pressure against this continual extension, and that at some point Peak Copyright would have been reached. You might, if you were extremely optimistic, even expect copyright term to be reduced occasionally. 

On Techdirt.

Is Sarko Uxorious?

You can't help wondering whether Sarkozy's chanteuse missus had something to do with this one:

Taking a position contrary to that of the British Government, the French President is to fight for an extension to the 50-year period under which musical recordings are protected by European copyright.

Particularly annoying is this comment:

Mr Sarkozy, who loads his iPod with Hallyday and Elvis for his jogs in the Bois de Boulogne, will make copyright extension a priority for France's six-month turn in the European Union presidency, which starts in July.

Christine Albanel, the Culture Minister, has already asked the European Commission to do the groundwork.

“Today, whole swaths of the recording catalogue of the 1950s and 1960s, representing a significant part of the national pop heritage, are falling progressively into the public domain,” she said.

What this neglects to take into account is the fact that falling into the public domain is a gain for the public - and hence the actual moment when it becomes part of the "national pop heritage" - and that the gain vastly outweighs any minimal effect it has on ageing rockers' royalties. Unfortunately, with this action, as with others (including the "three strikes and you're out" approach to fighting filesharing), Sarkozy shows himself to be an old man - however young his new wife may be.

No Copyright Extension for Brit Music

I can't believe it:

The copyright on sound recordings will not be extended after an independent review commissioned by the Treasury.

Is that the sound of an airborne porker?

Copyright Ratchet In Action Again: UK Introduces Yet Another Unjustified Extension

Until recently there has been an unchallenged assumption that the more copyright, the better. Although people have begun to realize that's not the case – and that extending copyright diminishes the public domain because we must all wait longer for works to enter it -- governments around the world continue to make copyright longer, stronger and broader. 

On Techdirt.

Talking of Rights and Wrongs...

...one of the bigger wrongs in the field of copyright is the proposed extension for sound recordings. I've written extensively about why this is nuts, but have pretty much given up hope that we'll see any rational decisions here.

Fortunately, the indispensable and irrepressible Open Rights Group (fighting the Closed Wrongs Group, presumably), has not, and has not issued the following call to arms:

How you can help the campaign:

1) Come to an event on 27 January in the European Parliament in Brussels to hear academics, musicians and activists discuss the Directive with a roundtable of MEPs.

2) Invite your MEP to attend the 27 January event on your behalf (you can get their contact details here: UK residents; Other EU residents)

3) Invite your MEP to sign the Sound Copyright petition

4) Ask your MEP to watch the Open Rights Group’s cartoon “How copyright term extension in Sound Recordings actually works”

See the original post for full details and links.

Copyright: Finally, the Evidence is Coming

Back in 2011, I noted that one of the most significant achievements of the Hargreaves report was its shockingly revolutionary suggestion that copyright policy should be based on the available evidence, not "lobbynomics". The fact that this even had to be said shows to what depths policy-making had sunk - something clearly demonstrated by the disgraceful Digital Economy Act, or the extension of copyright term for musical performances, both of which were passed despite the evidence, rather than because of it.

On Open Enterprise blog.

Where Would We Be Without Patry?

William Patry, incidentally Google's copyright man, and, more pertinently, pretty much the world's leading expert on anglo-american copyright, has the shameless demand of the Music Business Group (MBG), a coalition of UK music publishers, record labels, and licensing organisations, for a second licensing fee for personal format shifting nicely skewered in this great post:

What this means to me is not that consumers have captured value that belongs to the industry, but rather that consumers have long been deprived of the value of their money, and are finally beginning to get something close to the true value of the product being sold. It is that market reality that scares the you-know-what out of the MBG, and that forced it to turn to a consultant to come up with a theory to sell to government policy makers as an example of the sky is falling from yet another effort to blame consumers for the industry’s own shortcomings. The proposed solution by MBG is an attempt to obtain a government-mandated subsidy by consumers of an industry that is finally being forced to give consumers what they want. There is no value for policy makers in mandating such an undeserved subsidy. And, as a policy matter, the theory on which it is based, namely that every unauthorized use by consumers is the misappropriation of value properly owned by copyright owners, has no limit; it applies to book reviews, news stories, quotations, parodies, the first sale doctrine, and a limitless term of protection (note the connection between the value theory and the concurrent effort at term extension for sound recordings in the UK and Europe). Even Blackstone’s view of property as the sole, despotic dominion of the owner never reached this far.

Hopefully the UKIPO will reject the proposed levy and the theory out of hand. Rejection would be a valuable lesson.