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Monday, 9 June 2014

BREAKING NEWS: missing UK copyright exceptions are back

Probably sooner
than expected
Via Katfriend and 1709 Blog team member John Enser (Olswang LLP) comes the exciting news that proposed UK copyright exceptions for private copying, parody caricature and pastiche, and broader quotation are back and scheduled for entry into force on 1 October 2014.

This morning new draft Statutory Instruments on private copying, and quotation and parody have been in fact released. They supersede former draft exceptions [here and here; but are there significant changes?]. 

Readers will remember that on 1 June last a bunch of new exceptions - including those for public administration, research education libraries and archives, and disability - entered into force, but not those mentioned above.  

Following fear that such exceptions had been actually pulled by UK Government [here and here]IP Minister Lord Younger released a statement [here] confirming that proposed private copying, parody caricature and pastiche [here] and broader quotation would be discussed further by the Scrutiny Committee and implemented later than 1 June 2014.

Let's see what happens now.


John Halton said...

I've only looked at r.3 of the private copying SI so far, and that appears to be word-for-word identical.

The quotation/parody SI appears to be completely unchanged.

So, looks like the government has really taken on board the questions raised by the Scrutiny Committee...

Anonymous said...

"has really taken on board"....

Is that a form of parody?

John Halton said...

@Anonymous: I'm certainly happy for you to quote me on it...

Pete Carroll said...

Missing Copyright exceptions. More cock up than conspiracy? Just checked the private copying SI redraft:

Latest SI:" Personal copies for private use
3.—(1) After section 28A(a) insert——"

Previous SI:"Personal copies for private use

3. (1) After section 28A(4) insert—— "

where (4) is a hyperlink to footnote 4 of the SI. There is, of course, no section 28A(4) in CDPA 1988.

Same applies to schedule 2 citation.

Latest SI: "(3) In Schedule 2, after paragraph 1A(a) insert—"

previous SI: "(3) In Schedule 2, after paragraph 1A(6) insert— "

where (6) is a hyperlink to footnote 6 of the SI

The same misdrafting of footnote hyperlink for CPDA 1988 section seems to have occured in the previous quotation and parody SI

Latest SI: "Quotation: amendments to section 30
3.—(1) Section 30(a) is amended as follows."

Previous SI : "Quotation: amendments to section 30
3. (1) Section 30(4) is amended as follows."
where (4) is a hyperlink to footnote 4 of the SI

Latest SI: "Quotation: amendments to Schedule 2
4.—(1) Paragraph 2(b) of Schedule 2 is amended as follows."

Previous SI: "Quotation: amendments to Schedule 2
4. (1) Paragraph 2(5) of Schedule 2 is amended as follows."

Where (5) is a hyperlink to footnote 5 of the SI

The parody drafting appears unchanged.

Anonymous said...

LOL at "scrutiny" of the private copying exception. as drafted s28 (the private copying exception) has more holes in it than a June bride. Bunch of Incompetents.

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