No more research exemption for commercial use

Copyright law has changed, including the narrowing of the current exemtion for research to exclude research for commercial purposes

The Journal, November 2003, page 46

The Copyright and Related Rights Regulations 2003 were published on 3 October and came into effect on 31 October 2003. They implement Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, which provides for a general legal framework at Community level to foster the development of the information society in the European Community. In particular, the Directive harmonises the basic rights relevant to uses of copyright material in the information society and e-commerce, namely the rights of reproduction and communication to the public (electronic transmission, including digital broadcasting and on-demand services). It also limits the type and scope of permitted exceptions to these rights and provides legal protection for technological measures used to safeguard rights and identify and manage copyright material.

These Regulations also adjust the implementation of Council Directive 91/250/EEC on the legal protection of computer programs in consequence of amendments required by the Directive, and take account of the amendments required by the Directive to Council Directive 92/100/EEC on rental and lending right and on certain rights related to copyright in the field of intellectual property and Council Directive 93/98/EEC harmonising the term of protection of copyright and certain related rights.

The change in copyright law will have an impact on solicitors as businesses because the existing “fair use for research” exemption for single copies has been narrowed so that it no longer covers research for commercial purposes. Solicitors should consider whether they require licences from the Copyright Licensing Agency and/or the Newspaper Licensing Agency. Solicitors should consult the websites at www.cla.co.uk and www.nla.co.uk where details of licensing arrangements may be examined. Firms will need to consider licences and the installation of the systems necessary to monitor copying within the firm.

If you have any questions about this please contact Michael P Clancy at the Society.