Reaction: UK copyright exceptions may prompt uncertainty

A second batch of changes to UK copyright law, including rules on private use, parody and pastiche, could create confusion between what is and is not acceptable and prompt an increase in lawsuits, it has been claimed.

Formerly approved by the government, the new regulations make changes to the Copyright, Designs and Patents Act 1988 and stem from the Hargreaves Review of Intellectual Property and Growth, an independent review of the entire UK IP system.

Under the new laws, which come into force on October 1, consumers will be able to make personal copies of content they have bought, provided it is used strictly for their own private use.

The changes will also enable “limited use of copyright material” for caricature, parody or pastiche without the need to obtain the permission of copyright holder as long as the use is “fair and proportionate”.

The existing exception for ‘criticism or review’ will also be extended to cover all types of fair quotation, as long as there is sufficient acknowledgement of the quotation.

Initially published in October last year, the exceptions were described by the UK Intellectual Property Office at the time as “small but important”.

But, according to Adam Rendle, senior associate at Taylor Wessing LLP in London, the exceptions are likely to have a “significant impact” on how copyright operates and the government has at times “played down” their impact.

“There are many uncertainties in the drafting: for example, what does parody mean? What does fair dealing mean in a parody context?

“For what purposes may quotations be used without a licence? These uncertainties may encourage users to sail close to the wind and test the limits of the exceptions,” said Rendle, adding that disputes and litigation are inevitable.

The latest changes, approved on Tuesday (July 29), are the second batch of copyright exceptions to be formerly approved.

In June, amendments were made to the law in several areas, including research and private study, and accessible formats for disabled people.

The exceptions included allowing disability groups or their representatives to make copies of materials in different formats, allowing libraries to scan material for digital collections and enabling public administrators, including local councils, to publish material online.