Government Response to the Hargreaves Review

The government review of the Hargreaves Report has been published. There remains great concern over the proposed use of orphan works whilst the means of preventing works becoming orphaned and moral rights is not addressed. This highlights the need for all photographers to make every effort to attach attribution to images and metadata, to reduce the risk of misuse or theft. However, the proposed small claims track in the IP court is a very positive move which we support.

The text below is the press release published by the British Photographic Council, of which The Society is a member, following the governments' response to the Hargreaves Report and shows the concern which exists throughout the photographic organisations:

 "The British Photographic Council is dismayed by the government’s response to the Hargeaves review of intellectual property law.

The policy decisions articulated in the response seem weighted in favour of big business and individual consumers, while the interests of creators have mostly been ignored.

The proposals for the licensing of orphan works would leave the door wide open to commercial exploitation, something that is resolutely opposed by photographers. It would be churlish, though, not to welcome the intention that the fee for such a licence should reflect commercial value. Nonetheless, we would much prefer licensing to be limited to non-commercial and clearly defined cultural use.

Of equal importance is our belief that such licensing should be conducted by organisations that are accountable to the authors.

Following the Hargreaves Review, the government response does not address the pressing issue of moral rights in UK law. The problem of orphan works cannot be resolved while authors lack an enforceable right to be identified.

The proposed Digital Copyright Exchange arouses our suspicion. Photographers require the right to know not only who is licensing their work but to whom their work is licensed, and to be able to refuse a licence to unsavoury publishers whose toxicity might damage the photographer’s reputation.

On the other hand, we welcome the commitment to a small claims track for IP cases in the County Court. We have been lobbying on this for a number of years, and it should prove of considerable value to our members. The Government should be in no doubt, however, that such a court is absolutely essential for small businesses and we will work to remove any doubt from their minds.

There is still much work to be done."

Members are reminded that if you do not attach metadata and attribution when you publish an image, including on the web, it is more likely to be used without your permission. This will not protect you from the deliberate stripping of metadata but we suggest that The Society and its members lead by example with good practice.