Measures to Tackle ‘Illegal Sites’

This week the Government published several documents relating to copyright. Most significantly, the IPO released its response to the Hargreaves Review of Intellectual Property and Growth. The Government seems to have accepted most of the recommendations in principle, including the legalisation of format-shifting, but we will not know until later this year (or next year) whether or not this will lead to a change in the law.

One of the most significant changes (particularly given the recent Newzbin2 ruling) was the widely reported announcement by Vince Cable (of the Department of Business, Innovation and Skills) that plans to block ‘illegal websites’ were being scrapped. Given the many concerns with web-blocking (some of which I have discussed elsewhere) it is unsurprising that this apparent change in policy has been welcomed by many groups. However, this celebration may be premature as the documents themselves paint a different picture.

Illegal Sites and Web-blocking

In the last week there have been three stories in the news concerning copyright infringement and “illegal websites”. In each case, a group with an interest in enforcing copyright has called for or announced measures against such websites, but this raises an important question of what makes a website illegal. In terms of copyright infringement this is a very tricky question as there is no easy way to tell whether content or a service is unlawful.

Copyright – Should Fair Dealing be replaced by Fair Use?

The following is an independent research essay analysing whether or not the UK should adopt a general, fair use defence to copyright infringement similar to the one found in US law. It was produced as part of my degree course, although the submitted version varies significantly due to limits on the length. This is the “original” version and contains a detailed look at copyright, its scope, history and purpose, before examining the fair dealing and fair use defences. Sections of the essay will be appearing in stand-alone posts, in (hopefully) a more accessible form.

Copyright – Fair Dealing and Fair Use.pdf (161 kB)

The Purpose of the Digital Economy Act

Please note that much of this post is comment or opinion and should be treated as such. While effort has been taken to verify the facts included (and sources are given in most cases) many of the conclusions reached or suggestions given are pure speculation.

The Digital Economy Act received Royal Assent over a year ago. The most controversial features of this Act were the measures dealing with the online infringement of copyright. It has been suggested that this Act was the most heavily lobbied piece of legislation in UK Parliamentary history, with a large amount of pressure being placed on the government to force through these measures. Most of this pressure seems to have originated from certain parts of the UK and international recorded music and film production businesses, although this was quickly reinforced by support from a variety of interested groups. Given this high level of interest, it is worth considering the possible reasons for this pressure. This post will attempt to examine first the official reasons behind the Act, and will consider the legal and social effects of it (were it to be implemented) to highlight possible motives.