Quotations: UK Copyright reform 2013: Techical Review: Submission

Update 13 April 2014..

Draft SI now published

Thinking about it a bit more..as an alternative to manual transcription it could be legal to cut and paste the quotation from a screen view (if DRM/TPM allowed!!). The decision by the UK Supreme Court in Public Relations Consultants Association Limited (Appellant) v The Newspaper Licensing Agency Limited and others (17 April 2013) would seem to be relevant. This case was about web browsing as a “lawful use”  under  section 28A subsection (b) of the CDPA 1988 as revised by The Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), reg. 8(1)  . Many of the arguments in the Supreme Court decision could also apply to  “cut and paste” operations to lawfully create a quotation. Because of the transnational importance of their decision the UK Supreme Court has refered the case to the CJEU (Case C-360/13) for their consideration..Another factor is the new section in the draft SI

“(4) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of subsection (1ZA), would not infringe copyright, that term is unenforceable.”

When I want as a commercial user to extract a lawful “fair dealing” quote from a web site, or publication, that has all the usual T&Cs that say “all rights reserved.. you can’t download a copy for commercial purposes without our permission…etc.. etc..” (I’m thinking of most university web sites here!)  can I just invoke this section (4) to say that those T&Cs are preventing/restricting me from doing something lawful in a sensible way… Your guess is as good as mine..

What about “commercial users”  are they supposed to transcribe from the computer screen? No permanent copies allowed?

“…….Under the proposed exception, fair dealing with a quotation from a work will become a lawful use. For a quotation to be made there must some expression of the work, lawfully made available to the public, for it to be extracted from…..

…To summarise, For “non-commercial” quotation, the quotation can be extracted from a permanent copy. For “commercial” quotation, extraction is restricted to temporary copies or manual transcription. Both types of quotation embedded in a further work, subject to fair dealing, would be equally lawful…..

….Given all the above I would propose a drafting amendment to subsection (2) to make it clear that it is fair dealing with the work to make a permanent copy of a work solely to the extent necessary for extracting a quotation from it. This could perhaps be inserted before the two existing restrictions on fair dealing with quotations.”

Full submission

quotation exception technical review submission (word 2003 .doc file 45KB)

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