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.