BAPLA Remains Unsatisfied with Digital Economy Bill

Posted on 3/10/2010 by Julia Dudnik Stern | Printable Version | Comments (0)

The British Association of Picture Libraries and Agencies, which expressed serious misgivings about the proposed U.K. Digital Economy Bill in January, released a statement that highlights that some of such concerns remain in the latest version of the legislation.

BAPLA remains an adamant advocate of an orphan works provision restricted to non-commercial uses. Commercial uses of orphaned photographs could, says the organization, be prejudicial to the subjects of the image or property rights, contravene law and order, be detrimental to the commercial interests of the publisher and—most importantly to the picture industry—be prejudicial to the moral and economic rights of the image owner.

BAPLA seeks orphan works licensing at above the going commercial rates, as well as protection for picture libraries from legal issues arising from misuses. The organization also advocates creating safeguards around moral rights and the protection of metadata, which it feels would reduce the rate at which orphan works are created, reduce user uncertainty and facilitate image identification.

In January, the organization’s gravest concerns were over the bill’s extended collective licensing provisions. “We are reassured that the right code of conduct will be created to regulate any scheme that might involve the management of our members’ images and rights,” said BAPLA in a statement commenting on the latest version of the bill.

In addition to reviewing problematic areas, BAPLA chief executive officer Simon Cliffe describes the bill as an opportunity: “The Digital Economy Bill offers new opportunities to sharpen up copyright procedures, opens up future debate on moral rights and protecting metadata AND it looks at finding solutions to orphan works.” BAPLA promises to continue lobbying for further improvements of the legislation.

Copyright © 2010 Julia Dudnik Stern. The above article may not be copied, reproduced, excerpted or distributed in any manner without written permission from the author. All requests should be submitted to Selling Stock at 10319 Westlake Drive, Suite 162, Bethesda, MD 20817, phone 301-461-7627, e-mail: wvz@fpcubgbf.pbz


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