Policy & Research

Copyright

Copyright law gives copyright owners the exclusive right to copy work, such as music and film, issue copies to the public and make changes to the work. Doing any of these without the permission of the copyright holder is against the law. For example, anyone copying purchased music CDs to play on an MP3 music player, an activity known as format-shifting, is breaking copyright law.

16 per cent of consumers have format-shifted a CD or DVD they have legally purchased in the past 12 months; this rises to 28 per cent among consumers aged 15 to 24, the most digitally engaged consumers

Despite the increasing relevance of copyright law to their daily lives, consumers are provided with hardly any information about it. Consumers now use digital technologies to ‘rip, mix and burn’ creative content as part of their daily lives, with little or no knowledge of copyright law.

73 per cent of British consumers are ‘never quite sure what is legal and illegal under current copyright law’

Copyright law exists to encourage creativity and innovation for the benefit of society as a whole. To do this it needs to balance the interests of creators, investors and consumers. Consumer Focus is working towards making the law more balanced in consumers’ favour and ensuring that enforcement of the law is fair and reasonable.

Copyright exceptions

There are a small number of exceptions to copyright holders’ exclusive rights which exist for the benefit of consumers, and these are important for achieving balance in copyright law. But these existing exceptions in UK law are outdated and no longer in line with consumer use. Consumer Focus is working with stakeholders at UK and EU level to change the law regarding copyright exceptions for the benefit of consumers.

Consumer Focus response to independent review of IP and Growth Part 2 fair use, licensing solutions and appropriate enforcement (PDF 4.8MB)

Proportionate enforcement: copyright infringement through peer-to-peer filesharing

With the arrival of digital technologies consumers have become able to infringe copyright on a large scale. Copyright infringement through peer-to-peer (p2p) filesharing has dominated the debate on copyright. Copyright infringement is not to be condoned, but law enforcement always has to be proportionate and carried out in a way that respects human rights, particularly the human right to ‘due process’ which includes the presumption of innocence and a fair trial.

An enforcement focused approach to copyright infringement through p2p filesharing is treating the symptoms, not the cause, which is the failure of the market to meet consumers’ needs and expectations in the digital world. The only effective solution is new business models that meet consumers’ clearly expressed demand for digital services. 

Consumer Focus and Citizens Advice response to notification of Digital Economy Act cost sharing order (PDF 1.4MB)

Innovative and competitive digital markets

Nearly 34 per cent of British consumers have streamed videos online in the past 12 months, and 20 per cent have purchased music in MP3 format. This rises to 55 and 36 per cent respectively for consumers aged 15 to 24

Consumers have an interest in competitive markets; copyright gives the copyright holder control of the work, which restricts competition and imposes costs on consumers. We want to see a digital economy characterised by competitive, dynamic and innovative markets, so that consumers can use creative content and creators receive an income from their work.

Copyright licensing allows service providers to obtain a license from the copyright holder to provide copyrighted works to consumers. Copyright licensing has a direct impact on the quality and choice consumers have in the digital content market. However, mechanisms to license copyrighted works for digital services, online or via mobile devices, are still evolving and have so far failed to fully support the fast moving digital market.

Consumer Focus response to independent review of IP and Growth Part 1 the institutional foundations for competition innovation and growth (PDF 825KB)

EU and international

Consumer Focus represents UK consumer interests at European and international level, as part of BEUC’s digital team and co-chairs TACD Intellectual Property Working Group. We are also working with Consumers International’s access to knowledge (A2K) programme and we wrote the UK country report for the 2011 IP Watchlist, which compares copyright from a consumer perspective across 26 countries.

Related documents:

Consumer Focus response to website blocking code of practice (PDF 138KB)

Consumer Focus response to website blocking working paper (PDF 129KB)

Consumer Focus submission to Ofcom web blocking technical feasibility assessment (PDF 190KB)

Consumer Focus response to notification of online infringement of copyright initial obligations sharing of cost order (PDF 267KB)

Consumer Focus response to the Digital and Creative Industries Growth Review call for evidence (PDF 808KB)

The economic impact of consumer copyright exceptions: A literature review (PDF 381KB)

Consumer Focus response to the consultation on the legal deposit of non-print works (PDF 868KB)

Consumer Focus response on setting the value of claims heard in the Patents County Court (PDF 414KB)  

Consumer Focus response to Gowers 2nd stage copyright consultation (PDF 247KB)

Consumer Focus response to Ofcom consultation on Digital Economy Act 2010 Draft Initial Obligations Code (PDF 641KB)

Filesharing provisions – Guide to Ofcom’s initial obligations code (PDF 515KB)

Consumer Focus response to the consultation on online infringement of copyright (initial obligations) cost sharing (PDF 360KB)

Digital Economy Bill briefing (PDF 83 KB)

Consumer Focus response to the European Commission’s Creative Content reflection consultation

Consumer Focus response to the consultation on legislation to address illicit peer-to-peer (p2p) file-sharing

Consumer Focus response to Intellectual Property Office Copyright Tribunal consultation

Copyright in a digital age – What role for a Digital Rights Agency?

Consumer Focus response to the BERR consultation on EU Proposals for a Consumer Rights Directive

Consumer Focus response to Committee on Internal Market & Consumer Protection on the Consumer Rights Directive

Intellectual Property Office: The Future: developing a copyright agenda for the 21st Century