Lawmakers must 'think global' for IPR solutions

UK publishers are deeply divided over the fairness of current copyright and intellectual property laws - and legislators looking to bridge this gap must develop new ways to deal with disputes and take a global approach to the issue, according to a new research report.

Simon Moores, director of market researcher Zentelligence and author of the report, said: "I found the industry is polarised between those who want to see changing definitions [of intellectual property rights, or IPR]... and those who want to see the status quo stay where it is - who see the investigation of copyright law as hurting their interests."

The report was launched today by Zentelligence in conjunction with the Conservative Technology Forum, which works to encourage creative thinking on IT issues within the Conservative Party.

The current laws, Moores continued, "don't reflect life today" with the internet. They also tend to favour large companies over small companies - a point on which most UK publishers agree on at least in principle, according to the report. Because fighting accusations of copyright violations are so costly and time-consuming, deep-pocketed organisations clearly hold the advantage and could use IP disputes to eliminate competitors by depleting their funds.

As a result, Moores said a key takeaway from the research was creating "a fairer and more flexible process and system for both large and small companies if there is a dispute [over IPR or copyright]".

Michael Fabricant MP, shadow minister for industry and technology and president of the Conservative Technology Forum, agreed: "There has got to be equity between the big person and the small person. There have got to be systems where both [sides] are motivated - and protected - and that's where legislation is headed."

Another issue, said Moores, is that "definitions are fuzzy - what's illegal in Denmark may be legal in Germany. We need to look at [IP law] from a broader European perspective".

Working with Europe is good, but working internationally would be even better, according to the report, which states: "Legislation is only as good as the weakest link or nation prepared to support intellectual property rights (IPR)." European legislators could work at the international level with the World Intellectual Property Organisation (WIPO), the report recommends.

Malcolm Harbour MEP, chairman of the Conservative Technology Forum, concurred that global solutions are what is needed, saying: "The translation from European systems into WIPO systems - and how we are going to deal with global issues - is where we're headed [for IP legislation]."

When it comes to alternative copyright licences such as the Creative Commons licence, many UK publishers view such solutions "with trepidation", according to the report.

Moores added that "there were suggestions among smaller publishers that maybe we should look at the challenges of using Creative Commons creatively - instead of saying 'we don't want it at all'".

Politicians are not afraid to delve into the large issues surrounding intellectual property and copyright law as well, with Fabricant asking: "Long term the question is: Are IPR sustainable? If not, what other models can be developed for the encouragement of [creating] products and ideas?"

The report, March of the Spiders: Policy Challenges for Copyright in the Digital Publishing Environment, has been released under the Creative Commons licence and is available from the Zentelligence website.