Weird Al Yankovich - now legal
Musicians and comedians should be allowed to parody other people’s work to create “mash-ups” without breaching copyright, the Hargreaves review into intellectual property laws has concluded.
Professor Ian Hargreaves report urges the Government to relax copyright laws to make it easier to create video caricatures and upload them on YouTube, without getting permission from the original content creators.
The relaxation would permit parodies like last year’s viral hit Newport State of Mind, a version of the Alicia Keys and Jay-Z single New York State of Mind, which substituted Welsh landmarks for the original’s Big Apple references.
The creators of the parody, which attracted coverage from the BBC and ITV, wanted to release it as a single. But the original’s songwriters and performers objected to the comedic manipulation of their original content.
The video was removed from YouTube with the notice: “This video is no longer available due to a copyright claim by EMI Music Publishing.”
The Hargreaves review, published today recommends a range of measures designed to “turn the UK into a global hub for innovative digital content companies, such as music, film and video games”.
Prof Hargreaves, chair of digital economy at the Cardiff School of Journalism and a former editor of The Independent, concluded that there should be an exception within copyright law for comedians and musicians to create new “parody” works.
The exception would also make it easier for broadcasters and web start-ups to produce topical comedy sketches incorporating “cut-up” material from other sources, in the style of The Daily Show with Jon Stewart.
Prof Hargreaves writes: “The case for introducing and updating this exception is strong in both cultural and economic terms.
“A healthy creative economy should embrace creativity in all its aspects. A legally sound structure would not be mocked by pervasive infringement by otherwise law abiding citizens and organisations with the stature of the BBC.”
However recording and publishing companies will oppose any change that allows individuals to profit from their artists’ work. EMI halted distribution of the Grey Album, a 2004 “mash-up” produced by Danger Mouse, which mixed The Beatles’ White Album with Jay-Z’s Black Album, without permission.
Mike Batt - should artistic work be vandalised?
Mike Batt, the composer and founder of the Dramatico record company, home of Katie Melua and Carla Bruni, said: “Nobody minds being parodied but I don’t believe creators should lose the right to control changes which could lead to the complete reworking of the lyrics and chords of a song, if it’s then leaked on to the web.
“There has to be a sensible balance between parody and wrecking another piece of art,” the Wombles composer warned. “It’s more important to maintain the integrity of copyright for the common good than give a few people a bit of fun.”
Batt also questioned the publishing split that might have to be negotiated for a “parody” work if it became a hit. But he expressed relief that calls for a “fair use” exemption similar to the US, which would have diluted copyright protection in the UK, had been rejected by Prof Hargreaves.
The Hargreaves report also recommends the establishment of a new “one-stop” digital rights agency in the UK, which would approve the use of copyright content.
The intellectual copyright “clearing house” would be run by representatives of the music, video game and film industries and given the remit of making the UK, “the best place in the world to do business in digital content”.
David Cameron asked Prof Hargreaves to conduct his review after a speech in which the Prime Minister said that companies like Google had told him that they could not have set up business in the UK because legal restrictions on the use of intellectual property hampered the creation of new start-ups.
Prof Hargreaves, who appears to be unaware that the physical music industry is declining by 20% year on year, concluded that the impact of illegal downloading has been overstated and “reliable data about scale and trends is surprisingly scarce.”
The report calls on the Government to end the copyright anomaly that still makes the downloading of a CD onto an MP3 player technically illegal.
Vince Cable, the Business Secretary, welcomed the report, saying: “Ian Hargreaves describes how digital technology is challenging existing business models while enabling new ones. Our IP system – and particularly the copyright system – has not kept pace. In some cases, they represent obstacles to important research, innovation and growth.”
As Rory Cellan-Jones points out in his BBC blog, the Hargreaves review would help Google to launch its Google Music service in the UK because of the suggested permission for format-shifting, easing restrictions on copying for personal use.
The service, only launched in the US due to legal issues, allows users to store music on Google’s servers in the “cloud”. Google’s Eric Schmidt said: “It is completely legal under American law because it’s a personal back-up copy, not a shared copy.”
Christine Payne, General Secretary of Equity and Chair of the Creative Coalition Campaign said: “We are delighted that Professor Hargreaves has listened to the creative sector and has rejected moves to change the fundamental principles behind UK copyright law which would have damaged investment in the UK’s creative industries.
“The decision to omit the US style ‘fair use’ system is recognition that the UK already has a flexible copyright framework that facilitates fair dealing.”
Chris Marcich, President and Managing Director, Motion Picture Association, which represents the six major film studios, said: “ We welcome the assurances regarding better enforcement at home and abroad and the measures to assist in rights clearance where there is market failure but we are concerned about a number of recommendations which will have an impact on the film industry including proposals related to exceptions on copyright and linking the Digital Copyright Exchange to enforcement.”
Mike O’Connor CBE, Chief Executive at Consumer Focus, said: “Our copyright regime is out of date and out of touch. It is high time that the law is updated for the “iPad era” where music, films and e-books are enjoyed on different platforms and devices. The introduction of a format-shifting exception in UK copyright law would be fantastic news for consumers.”
Final report - Digital Opportunity – A review of Intellectual Property and Growth – by Professor Ian Hargreaves - http://www.ipo.gov.uk/ipreview-finalreport.pdf
