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Private Copy Exemption: Rightsholders And Remuneration

25th June 2015 @ 6:30 pm - 9:00 pm

Venue: Fyvie Hall, University of Westminster

PAST EVENT DETAILS [Video edit coming soon]

NEWS: Music Industry Wins High Court Copyright Case Against Government.

With the Court of Appeal now overturning UK Government’s private copy exception law with regards its failure to compensate rights holders,  MusicTank’s forthcoming debate on an alternative system for artist compensation for private copying moves centre stage. This debate is not to be missed!! Read summary and full judgement here…

EVENT

Drawing a stellar panel of experts in copyright and alternative compensation systems from industry and academia this debate will consider how a levy system might effectively compensate rightsholders for private copying, and takes its lead from a paper written by MA Music Business Management post-graduate, Samuel Rudy.

DELEGATES INCLUDE: Believe Digital; Access Partnership; BOP Consulting; PRS for Music; BOP Consulting; Circus Records; SJ Consultancy Rightscom Limited; PPL; Muirhead Management; Musicare; TotalRock; Clintons; Rock Hippie Management &Music; Musicians’ Union; Middlesex University; University of Oxford; University of Glasgow; UK Music University of Middlesex; Westminster Law School; Record Of The DayPropeller Communications; Design&Graphics; BASCA; Decibel; Intellectual Property Office; Incorporated Society of Musicians; digitalmusictrends; UK Music; Patents Court, Help Musicians UK and more...

This event is CPD Certified – contact us for details.

Who should attend this event? Lawyers; policy advisors; intellectual property and copyright experts; academics; rightsholders – publishers, labels, songwriters and producers; software and hardware manufacturers

This free discussion paper – Private Copying Of Music: A New Model For Artist Compensation – nuances the debate, focusing not on whether by default, rightsholders should be compensated from lawful private copying, but addresses the issue of charging those who profit absolutely from facilitating the copying of music – digital storage and device manufacturers.

The mechanism, transparency and effectiveness by which rightsholders are compensated for private copying in the majority of European countries remains up for debate.  The majority of EU member states operate variations of traditional blank media levies, with others (Finland and Spain) abandoning those in favour of a state-funded compensation via collecting societies.

The UK belatedly adopted the EU Directive on private copy exception October 2014, which among other rights, grants consumers the legal right to copy CDs and DVDs on to personal computers, mobile devices and internet-based cloud locker services, for their own personal use. However, UK adoption of this regulation was done without providing ‘fair compensation’ to rights holders – itself a core remit of the EU Directive.

UK Government’s view was that any such economic harm wreaked by private copying was insignificant and ‘built in’ to the pricing of content.  A large body of rightsholders firmly disagrees with that position, with UK Music, BASCA and The Musicians Union appealing for rightsholder compensation in the High Court.

Howsoever currently structured, current compensation systems across the EU are largely considered a blunt, opaque and inefficient tool with which to compensate rightsholders.

European Parliament’s Private Copying report (17.02.14), which amongst other statements, stressed that there is currently no other alternative approach to compensation systems for private copying that would ensure appropriate remuneration for rights holders, simultaneously called for further discussion to be conducted in order to update the mechanisms and make them more effective.

Answering European Parliament’s call, this event considers a new model as the basis for a discussion about how a compensation system might be structured so as to compensate rightsholders in a way that is transparent and directly proportionate to the amount of music copied.  At a stroke the paper at the heart of this debate would free consumers of the burden of additional levies which currently apply in many EU member states, altogether.

Part of MusicTank’s Future Thinking strand of critical thinking, this discussion panel will consider the author’s proposal – a bold evolution in the concept of private copying exemption that attempts to balance the needs of rightsholders with a harmonious, equitable and transparent process that compensates for private copying more appropriately.

Future Thinking is a strand of activity driven by the foresight and critical thinking of outstanding MA Music Business Management students at University of Westminster.  Topics covered under this strand of activity are driven by the students themselves – usually the focus of their MA thesis, the publication of which is typically followed by the presentation of their paper and a moderated industry panel discussion.  A MusicTank Business and Innovation award is presented to a maximum of two postgraduates a year – view the award and its winners, here.

ADDITIONAL READING:

EU Private Copying: Situation Report

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