Film, TV and music industry bodies warn government it must move to implement efficient system to target pirate websites
Leading trade bodies for the film, television and music industries have warned the government that it must move quickly to implement an effective system to crack down on pirate websites, after Vince Cable announced that plans to block illegal file-sharing websites have been scrapped.
Geoff Taylor, chief executive of music industry body the BPI, said the government must urgently broker a deal between internet companies and rights holders to implement a fast-track procedure to crackdown on piracy or "a failure to do so will see some of this country's world-leading industries irreparably damaged on this government's watch".
"Every day blatantly illegal foreign sites flout our laws, rip off consumers and musicians and wreak huge damage on our creative sector," he said. "Government must now act urgently to put in place effective means to protect consumers, creators and UK jobs from the impact of illegal foreign sites".
The creative industries have broadly welcomed the business secretary's proposals to relax the UK's intellectual property regime although some measures, such as vague proposals to free up rules around making digital copies of CDs and DVDs for viewing music and films on devices such as laptops and smartphones, has caused consternation in some quarters.
"A blanket implementation of some of the general recommendations [such as site blocking and format shifting] without clear evidence that they will stimulate the British creative sector, is not the best approach and a great deal of work is required to refine some of these ideas," said Lavinia Carey, director general of the British Video Association.
However Neil Mohring, partner at law firm Eversheds, said that format shifting is an anachronistic law whose removal will make very little difference.
"Although the announcement regarding format shifting has received a great deal of press coverage, the proposed measures will have little substantive effect overall," he said. "Format shifting has been occurring for many years without action by the copyright owners, so the proposed changes will merely formalise the current position."
The government's proposals, which back all 10 of the recommendations put forward by Professor Ian Hargreaves's report on intellectual property in May, also include a one-stop Amazon-style digital copyright exchange to make the selling of content easier and more profitable.
Some trade bodies, including the MPA which represents the major film studios, said they "remain concerned" about the ramifications of the exchange on how they sell their rights.
Internet service providers have long railed against the prospect of legislation being introduced to force them to block alleged illegal-filesharing websites.
"[The industry] has long argued that blocking is an ineffective and regressive means to address online copyright infringement," said Nicholas Lansman, general secretary of the Internet Service Providers Association.
More reaction
Chris Marcich, managing director of the Motion Picture Association, which represents the major film studios
"We remain concerned about a number of recommendations which could have a negative impact on the film industry including format shifting for film and how the digital copyright exchange would work in practice. We hope that the government will work with us to ensure that any negative commercial consequences are minimised."
Lavinia Carey, director general of the British Video Association
"The Hargreaves review contains a number of proposals which could, if implemented without thorough consideration, be damaging to Britain's audiovisual industry, which must surely be unintentional. A blanket implementation of some of the general recommendations [such as site blocking and format shifting] without clear evidence that they will stimulate the British creative sector, is not the best approach and a great deal of work is required to refine some of these ideas".
Geoff Taylor, chief executive of music industry body the BPI
"Government has recognised that blocking such sites could help to reduce levels of infringement, but that there needs to be a more effective framework that enables speedier action than would be possible under the relevant DEA provisions. Government must now act urgently to put in place effective means to protect consumers, creators and UK jobs from the impact of illegal foreign sites. A failure to do so will see some of this country's world-leading industries irreparably damaged on this government's watch."
Feargal Sharkey, chief executive of UK Music
"Rogue sites that operate with impunity and without licences are a barrier to growth of a legitimate market for creative works. Ultimately, their existence is to the detriment of UK jobs and the UK economy."
Peter Bradwell, campaigner at the Open Rights Group
"There are some discordant notes in plans for the Digital Economy Act. In particular charging people £20 to appeal against copyright warnings is unfair. The evidence against alleged infringers is likely to be unreliable. The government should follow the Intellectual Property Office's new IP crime strategy and rebuild its copyright enforcement policy from scratch, driven by evidence and a proper public consultation."
Don Foster, Liberal Democrat media and culture co-chair
"Ofcom should be praised for consigning Labour's site-blocking laws to the bin. Site blocking may sometimes be necessary, but that doesn't excuse the Digital Economy Act's sorry attempt to enable it. Internet providers and rights holders must now devise a simple solution. Those offending on a massive scale should be stopped without threatening every website under the sun."
Ivan Lewis, Labour shadow culture secretary
"There are still more questions than answers for a Conservative-led government which has taken more than a year to come forward with proposals which are essential for jobs and growth. The government's decision not to proceed with site-blocking regulations in the Digital Economy Act leaves considerable uncertainty about the future. The government is now under pressure to show leadership and ensure there are effective and efficient measures put in place to stop sites from infringing copyright."
Nicholas Lansman, general secretary of the Internet Service Providers Association
"To really address the issue of online copyright infringement, ISPA maintains that the content industry needs to develop attractive new business models taking into account developments that the internet has brought, rather than reproducing existing models. The commitment to press ahead with DEA implementation, despite the flawed evidence base underpinning it, is disappointing. ISPA strongly welcomes the conclusion of independent work by Ofcom which has found that the blocking aspects of the DEA are problematic and ineffective. ISPA has long argued that blocking is an ineffective and regressive means to address online copyright infringement".
Neil Mohring, partner at law firm Eversheds
"The government has to deal with the issue of unauthorised copying if it is committed to the growth of the creative industries. There is little incentive for creators, particularly those in small businesses, if unauthorised copying is not addressed and measures such as the relaxation of the rules regarding parody are merely scratching at the surface. Although the announcement regarding format shifting has received a great deal of press coverage, the proposed measures will have little substantive effect overall. Format shifting has been occurring for many years without action by the copyright owners, so the proposed changes will merely formalise the current position."
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Source: http://www.guardian.co.uk/technology/2011/aug/03/illegal-filesharing-trade-bodies-crackdown
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