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.

Getting Going with Gowers

The Gower Review was an important document for the UK. It offered a thoughtful and rigorous analysis of the current copyright situation there, and looked at some of the problems the new digital world has with current copyright legislation. It also made a number of pretty sensible recommendations - even if it chickened out of calling for a reduction in some copyright terms, which Gowers himself admits that pure logic calls for.

Now we have the question of how that Review will be implemented. To move things on, here's a consultation document from the UK Government asking for people's views.

The main issues it considers are how to:

* enable schools and universities to make the most of digital technologies and facilitate distance learning;

* allow libraries and archives to use technology to preserve valuable material before it deteriorates or the format it is stored on becomes obsolete;

* introduce a format shifting exception to allow consumers to copy legitimately purchased content to another format, for example CD to MP3, in a manner that does not damage the interests of copyright owners; and

* provide a new exception for parody.

Specifically, it asks how those exceptions should be implemented. And I have to say, it does that with real intelligence. The questions it poses, soliciting input, are spot-on in terms of exploring the ramifications of copyright changes. I thoroughly recommend a slow perusal of the main document, since it provides a wonderful introduction to the thorny issues that copyright in the digital age must deal with.

None is thornier than DRM. Again and again in this document, questions arise about how people can be given the ability to derive the full benefit of copyright material when DRM gets in the way - and to what extent they should be allowed to circumvent it.

Of course, my answer is simple: get rid of the whole damn lot. Even a year or two that might have seemed radical or utopian, but with nearly all the main record labels embracing that strategy - and the film companies about to begin their own slow slouch towards Bethlehem - I think it will soon be seen as the best and most sensible thing to do.