David Cameron has a New York State of Mind!

The Government intends to review UK copyright law to make it “fit for the internet age” in the words of David Cameron.

In the UK, the creator of an original work is automatically the author of the copyright in that work – with a few exceptions. Examples of a copyright work are a book, song, film or computer program.

The Government is keen to compare the UK system with the more flexible US system. In the UK, a copier may argue that its use constitutes “fair dealing” while in the US, companies such as Facebook and Google, rely on the doctrine of “fair use”. Compared to the UK, the US system uses a wider number of factors when considering whether using an original work, without the author’s permission, is fair.

“Fair dealing” in the UK is limited to only using somebody else’s copyright, without permission, for the purpose of research or private study, criticism or review, or the reporting of current events. It is much more limited than the US “fair use” defence.

The flexibility of the US “fair use” defence when compared to the UK “fair dealing” defence is highlighted in two cases of posting videos on YouTube.

In the US a mother posted a home video of her son dancing to a Prince song and posted it on YouTube. Universal Music ordered YouTube to remove it but the mother argued it was fair use and demanded it be restored. YouTube complied and the mother sued Universal Music for her legal costs.

In the UK recently, the authors of a parody of Jay-Z’s Empire State of Mind video had to take down their video from YouTube after EMI Music complained. Newport State of Mind, set in Newport, Wales, replaced the New York setting with Newport and replaced the lyrics with references to Welsh celebrities and locations.

The Government wants to modernise copyright law to take account of the growing importance of the internet, which depends on the ability to use copyright without an owner’s consent. The Government’s review is due next April and the debate following reaction from the music film and other industries is likely to be lively!

Written by Sean O'Riordan, a Solicitor in the Nelsons Commerce and Technology group. To find out more about our Commerce & Technology group, click here.