With thanks to Christine L. Sundt for forwarding this:
>Subject: Gowers Review of Intellectual Property >Gowers: A step in the right direction > > >The British Academy welcomes the publication of the Gowers Review of > >Intellectual Property. The intellectual property regime is crucial for the > >development of, and access to, knowledge. In particular it impacts on the > >way in which researchers in the humanities and social sciences are able to > >use research material. > > >We are pleased that the Gowers Review has recognised that the UK copyright > >system should be more flexible in its application, and endorses the > >principle "that 'fair uses' of copyright can create economic value without > >damaging the interests of copyright owners". These arguments were made > >powerfully by the Academy both in its response to Gowers, as well as in its > >subsequent report, Copyright and Research in the Humanities and Social > >Sciences. The Academy report found that recent developments in technology, > >legislation and practice have meant that the specific exemptions provided by > >copyright law are being overridden in some cases, to the detriment of new > >research, scholarship and criticism. > > >As Baroness Onora O'Neill, the President of the British Academy, said: "The > >Gowers report represents a step forward in the current debate about whether > >the UK's intellectual property regime is fit for purpose. The Academy report > >on copyright showed that the copyright system was in important respects > >impeding, rather than stimulating, the production of new ideas and new > >scholarly material in the humanities and social sciences. We note with > >interest that Gowers agrees with several of the recommendations made in the > >Academy report." These include: issuing guidance on what should be defined > >as a 'reasonable search' for orphan works; retaining the term of protection > >on sound recordings at 50 years; allowing private copying for research to > >cover all media; increasing the co-operation between the UK Patent Office, > >the Office of Fair Trading and the Competitio! n Commission to ensure that > >rights-holders do not use their rights in abusive ways; and making it easier > >to circumvent DRM (digital rights management tools) to allow copying for > >uses deemed legitimate under 'fair use' exceptions. > > >The Gowers Report favours a broad 'fair use' exemption for copyright, > >similar to the one current in the United States. The Academy welcomes this, > >but continues to believe that clarification is required of the scope of > >these exemptions to ensure their continued effectiveness in securing their > >intended purposes, which may require some new legislation. The Academy > >report found that the 'fair use' exceptions are increasingly being narrowly > >interpreted by rights holders, including publishers, and that this impedes > >scholarship and the creation of new original works. While the legal grounds > >for these extensions of copyright are weak, there is an absence of case law > >because the financial stakes involved in each individual case are small > >relative to the costs of litigation. As Professor Kay, who chaired the > >Academy working group which produced the report, said: "Many! of these > >difficulties would be resolved if there is greater clarification regarding > >the various exemptions, so that less reliance is placed on custom and > >practice." > > >The Academy published with the report a draft set of guidelines for scholars > >and publishers setting out their rights and duties under copyright > >legislation. On-line versions of the report and guidelines are available > >from ><http://www.britac.ac.uk/reports/copyright>http://www.britac.ac.uk/reports/copyright > ><<http://response.pure360.com/_act/link.php?mId=A81856037057326141686&tId=867>http://response.pure360.com/_act/link.php?mId=A81856037057326141686&tId=867 > > > >844> > > >1. The Academy's Review was set up in November 2005 before the > >establishment of the Gowers Review of Intellectual Property. The Review > >Working Group took the lead in preparing the Academy's response to the call > >for evidence that was issued in February 2006 by the Gowers Review of > >Intellectual Property, which was established by the government to examine > >the UK's in intellectual property framework, and determine whether > >improvements can be made to it, especially in the context of rapid > >technological change and globalisation. The Academy's submission to Gowers > >is available from ><http://www.britac.ac.uk/reports>http://www.britac.ac.uk/reports > ><<http://response.pure360.com/_act/link.php?mId=A81856037057326141686&tId=867>http://response.pure360.com/_act/link.php?mId=A81856037057326141686&tId=867 > >845> . The timetable of the Academy's Review meant that its report was > >published in September 2006 before the publication of the Gowers report in > >December 2006! . > > >2. On-line versions of the Academy report, together with its > >accompanying guidelines, are available in HTML and PDF from > ><http://www.britac.ac.uk/reports/copyright>http://www.britac.ac.uk/reports/copyright > >< http://response.pure360.com/_act/link.php?mId=A81856037057326141686&tId=867 > >846> Printed copies are available from Jo Blore: ><mailto:j.blore at britac.ac.uk>j.blore at britac.ac.uk /020 > >7969 5225. > > >3. For further media enquires relating to the Academy Review please > >contact Michael Reade, External Relations Department ><mailto:m.reade at britac.ac.uk>m.reade at britac.ac.uk > ><mailto: m.reade at britac.ac.uk> or telephone 020 7969 5263. > > >4. The report of the Gowers Review is available from > ><http://www.hm-treasury.gov.uk/independent_reviews/gowers_review_intellectual>http://www.hm-treasury.gov.uk/independent_reviews/gowers_review_intellectual > >_property/gowersreview_index.cfm > >< http://response.pure360.com/_act/link.php?mId=A81856037057326141686&tId=867 > >847> > > >5. The British Academy is the National Academy for the Humanities and > >Social Sciences. Established by Royal Charter in 1902, the British Academy > >is an independent learned society promoting the humanities and social > >sciences. It is composed of Fellows elected in recognition of their > >distinction as scholars in the humanities and social sciences. > > >6. Further details about the British Academy may be found at: > ><http://www.britac.ac.uk>http://www.britac.ac.uk > >< http://response.pure360.com/_act/link.php?mId=A81856037057326141686&tId=867 > >848> > > > > > >The British Academy > >10 Carlton House > >London SW1Y 5AH > > >Tel: 020 7969 5200 > >Fax: 020 7969 5300 > >Web: > ><<http://response.pure360.com/_act/link.php?mId=A81856037057326141686&tId=867>http://response.pure360.com/_act/link.php?mId=A81856037057326141686&tId=867 > >849> www.britac.ac.uk > Amalyah Keshet Head of Image Resources & Copyright Management The Israel Museum, Jerusalem www.imj.org.il Chair, MCN IP special interest group www.mcn.edu Blog www.musematic.net
