Enterprise and Regulatory Reform Bill

Memorandum submitted by British Association of Picture Libraries and Agencies (BALPA) (ERR 37)

British Association of Picture Libraries and Agencies – BAPLA is the trade association representing photographers, commercial companies, and cultural heritage organisations in the image licensing sector. 

BAPLA is supportive of the position of the Alliance, that Clause 56 be amended in order for the intent of the Clause to be more accurately reflected in the language of the Bill.

BAPLA is supportive of the move to limit Orphan Works legislation to analogue photographs only (not including digital). This will allay many of the concerns raised by BAPLA members.

BAPLA would be supportive of any such narrowing of a UK OW scheme specifically for photographs, to bring this in line with the European Union [1] - Digital Agenda for Europe.

In particular that use of Orphan Works photographs be limited to the Works published in the form of books, journals, newspapers, magazines or other writings contained in the collections of publicly accessible libraries, educational establishments or museums in order to achieve aims related to the public interest mission of the specified users, notably preservation, restoration and the provision of cultural and educational access to works and phonograms contained in their collection and such reform excludes stand alone images.

We are supportive of the position of the European Union that uniformity of the rules governing the use of orphan works be better achieved at Union level.

July 2012


[1] Proposal for a Directive of the European Parliament and of the Council on certain permitted uses of orphan works - Approval of the final compromise text http://register.consilium.europa.eu/pdf/en/12/st10/st10953.en12.pdf

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Prepared 13th July 2012