Dinusha Mendis

Digital Economy Act 2010: fighting a losing battle? Why the ‘three strikes’ law is not the answer to copyright law's latest challenge

This paper argues that the Digital Economy Act (DEA) 2010, already much delayed in its implementation, is fundamentally flawed in three respects. First, there are internal inconsistencies in the complex provisions to be enacted under secondary legislation. In particular, the problem of relying on Internet Protocol (IP) addresses to identify alleged infringers has proved problematic. Secondly, the proposed measures are disproportionate in terms of the offence and severity of the punishment involving a warning-system leading to possible disconnection from the Internet for copyright infringement. Thirdly, the Act is unlikely to succeed in its central purpose to control unauthorised digital copying because of its technological specificity in a fast moving environment, and a lack of consumer acceptance. Finally, by comparing the treatment of these issues under legislation in other countries, in particular New Zealand, alternative copyright enforcement models are explored.

‘Clone Wars’ Episode II—The Next Generation: The Copyright Implications Relating to 3D Printing and Computer-Aided Design (CAD) Files

The future market potential of 3D printing will rest on the dissemination of Computer Aided Design (CAD) files. Without clear instructions from a CAD file, a 3D printer will not function. In fact, “a 3D printer without an attached computer and a good design file is as useless as an iPod without music”. The importance of CAD-based design files, therefore, cannot be underestimated. Drawing on UK and EU copyright laws and their application to 3D printing and CAD files, this paper will, first, question whether CAD files can be protected by copyright law before considering the copyright implications thrown up by the modification of CAD files as a result of scanning and the use of online tools. Highlighting some of the challenges for rights holders and users existent in the present law the paper advocates new business models over a premature call for stringent intellectual property laws before concluding with some recommendations for the future.

Swings and roundabouts: The impact of legal drafting on the language and understanding of copyright law and the need for educational materials

Legislators face the challenging task of drafting copyright law, which takes into account the views of various stakeholders, intended policy and technological developments, whilst ensuring that the wording and language that is used is accurate and precise. Meeting these objectives means that the law in its legislative form can be hard-to-understand, complex and not easily accessible to the layperson. This article explores steps, which have been put in place by various organisations and online resources, to assist in the understanding of copyright for the public and schools, with particular focus on education and teaching materials – as presented on Copyrightuser.org.

DIRECTIVE 2014/26/EU ON COLLECTIVE MANAGEMENT OF COPYRIGHT AND RELATED RIGHTS AND MULTI-TERRITORIAL LICENSING OF RIGHTS IN MUSICAL WORKS FOR ONLINE USE IN THE INTERNAL MARKET

In analysing the CRM Directive, this chapter explores and discusses the coming into being of the Directive, its provisions, impact and implications for CMOs, rights holders and users in relation to the management and licensing of musical works for online use.

'University Challenge': balancing the interests of academic authors, publishers and users in Higher Education

The aim of this paper is to highlight the interaction between the publisher, academic author and user in Higher Education Institutions (HEIs). The paper will look at the publishing industry and the relationship between publishers and users within the context of collecting societies and consider whether the Copyright Licensing Agency accurately remunerates the academic author. In establishing that it does not, the paper offers three solutions, which aim to create a fair balance between the three main stakeholders.