How would a ‘Digital Copyright Exchange’ work?
A digital copy right exchange has been summed up as a ‘one-stop-shop’ for companies and businesses to carry out copyright deals. It involves the creation of copyright license to enable licensing of orphan works.
The Hargreaves report focuses a lot on the fact that the current Intellectual Property framework is out of date and struggling to keep up with modern day technology, therefore the need to introduce a ‘digital copyright exchange’ seems crucial to open the Intellectual Property framework to digital opportunities.
A digital copyright exchange may prove problematic and may not ever work. For one-stop licensing to work the copyright holder will have to set the same terms and conditions for everybody. If the copyright owner decides to retain control over the license there may be a risk of them giving up protection under the Digital Economy Act.
On the other hand, considering the dire need for reform in relation to the copyright system, the digital copyright exchange may prove to set a clearer system in place and encourage people to implement the system.
Hargreaves suggests reforming patent fees so as to deter patent ‘thickets…’
Patent Thickets most often occur in areas of technology heavily populated by patents relating to a similar technology. Patents such as these could have claims overlapping which make it complicated for businesses to establish whether, and with whom, they are in conflict or whom they should approach for a license.
The result of having a vast number of patents creates attention in policy makers, with concern that a greater number of patents that cover a lot of areas, may act as a barrier towards competition and innovation.
Why can’t we have fair use law like they have in the US?
The reason we are less likely to have a fair use law like they have in the US is because it seems to put a hold on the main concept of this report – innovation and growth.
Secondly, it may act as an avenue for a high volume of law suits as it developed out of case law.