Memorandum submitted by International
Association of Music Libraries
IAML(UK & Irl) is the professional association
which represents the interests of some 250 institutional and individual
members involved in the provision of music library services throughout
the United Kingdom and Ireland. It is a cross-sectoral organisation
whose members include public, academic, national, special and
broadcasting music libraries, as well as representatives of music
publishing and library supply. IAML(UK & Irl) welcomes the
opportunity to comment on this subject as its members have a long
history of upholding copyright law while recognising that there
must be a balance between right holders and user interests.
Creative industries
What are the "creative industries"?
There is a danger of thinking of the creative industries as mainly
large concerns such as the major record companies and music publishers.
The term should also encompass the small, independent companies,
whose businesses are based on exploiting out of copyright material
which would not otherwise be made available by large companies;
these include individuals such as transfer engineers and scholarly
groups such as composer organisations and specialist archives.
It could also be argued that institutions such as museums, libraries
and educational establishments are, themselves, part of the whole
creative industry, as they produce and support our present and
future creators. Therefore the needs of these institutions must
be taken into account in this and any similar enquiries.
The impact upon creative industries of recent
and future developments in digital convergence and media technology
There is no doubt that technology is moving
very quickly. Some industry bodies complain about the negative
effect on their business, but it should not be forgotten that
many of the larger companies are themselves the ones spearheading
technical developments which allow better and better reproduction
to take place.
The effects upon the various creative industries
of unauthorised reproduction and dissemination of creative content,
particularly using new technology; and what steps can or should
be taken—using new technology, statutory protection or other
means—to protect creators
Large-scale piracy is undoubtedly a threat to
bona-fide companies and their associates. Small-scale copyright
contravention does, of course, take place and librarians always
take care to uphold the legal rights of creators and remind users
of the law. There are, however, limitations and exceptions in
place to aid creativity and these must also be upheld. A successful
information society cannot be maintained when society is deprived
by technical means of longstanding exceptions to copyright provided
by the legislation.
Technical protection measures are, in theory,
able to protect creators' rights. Unfortunately, recent examples
of DRMs within the music industry have shown that these can instead
damage the security of consumers' computers; this is surely an
invasion of privacy against people making legal use of recordings
and represents interference with their private property; systems
which have this effect should not be permitted. Such systems can
also prevent people with disabilities from accessing information
to which they have a legal and moral right. In the interests of
equality, and to uphold the relevant laws, DRMs must not hinder
lawful access to copyright works by people with disabilities who
are entitled to an accessible version. The simplest solution to
this legal problem would be to make legislative provision allowing
anyone to circumvent a DRM system for the sole purpose of making
a lawful use of a work. In practice this would bring about rapid
co-operation between the publishers and the associations representing
people with disabilities. In the longer term, manufacturers must
continue to search for systems which are less problematic for
rightful users.
With reference to creators, large companies
often refer to creators' rights to mean themselves rather than
the real creators: authors, composers, artists etc. In many cases
the rights of these companies are "related rights" which
should not override the interests of the original creators.
The extent to which a regulatory environment should
be applied to creative content accessed using non-traditional
media platforms
Non-traditional platforms should not erode users'
rights and permitted acts any more than traditional ones. A regulatory
environment must not, in effect, give permanent copyright protection
as some DRMs threaten to do.
Where the balance should lie between the rights
of creators and the expectations of consumers in the context of
the BBC's Creative Archive and other developments
Parliament has decided, in conformity with international
law, that there should be a balance in copyright law between right
holders and users for the public good. Exceptions and limitations
to copyright have been introduced as a counterbalance to the monopoly
right and to enable creativity to flourish.
In recent years the balance has been seen to
shift more in favour of right holders; it would be dangerous to
let this trend continue. There must always be balance, as accessibility
leads to further creativity. Fair dealing has long been accepted
as vital to education and the increase of knowledge; accessibility
to information must not be eroded purely because of the perceived
dangers of improved technology: the information is far more important
than the medium.
28 February 2006
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