The UK will not implement the EU's Copyright Directive

By Emmanuel Legrand

British creative sector has expressed its disappointment at the UK government's decision not to implement the European Union's Copyright Directive into domestic law. 

  The British government indicated, through the Secretary of State for Business, Energy and Industrial Strategy Chris Skidmore that as the UK will leave the European Union on 31 January 2020 and the Implementation Period for the Directive will end on 31 December 2020, "the United Kingdom will not be required to implement the [Copyright] Directive, and the Government has no plans to do so."

  Skidmore, who was responding to a written question by Member of Parliament Jo Stevens, added: "Any future changes to the UK copyright framework will be considered as part of the usual domestic policy process."

A betrayal of creators

  Reacting to the news on Twitter, Ivors Academy chair CrispinHuntsaid the government decision was "a real betrayal of UK Creators." In the wake of Skidmore's announcement, Tom Kiehl, the Deputy CEO of cross-industry organisation UK Music, send a letter to the government official requesting "an urgent meeting" to discuss the matter.

  Wrote Kiehl: "Your statement is extremely disappointing, especially for the many music creators across the country who have campaigned for the Directive over a number of years. The Directive is designed to improve the way creators in the music industry and those that invest in them are financially rewarded."

  Kiehl reminded Skidmore that the British government "played a key role in developing and agreeing to the many necessary provisions within the Directive," and added that while Google-owned YouTube currently pays creators "significantly less than the real value to them," failure to implement "the core principles of the Directive would let Google off the hook and mean creators continue to get a raw deal."

  He concluded: "If it is the case that Brexit presents an opportunity for the UK to write its own laws, then there is no excuse for a delay to our existing call for the Government to set out a road map outlining how it intends to take forward its support for the Directive's key proposals."

Protecting the UK music industry

  Skidmore's confirmation that the UK will not implement the Directive contradicted earlier statements from Minister of Culture Nigel Adams who said that while the government supported the "overall aims" of the Copyright Directive, but that the UK's imminent departure from the EU meant that the country was not required to implement the Copyright Directive "in full."

  Adams offered however some reasons for the creative sector to remain hopeful. "It’s absolutely imperative we do everything possible to protect our brilliant creators, as well as the consumers and the rights of users who consume music," said Adams. "I look forward to working with the music industry to ensure we achieve this."

  The British decision follows the UK Parliament's legislation confirming that the country to leave the European Union on Jan. 31, 2020. The Copyright Directive, which contains a series of articles on the liability of digital service providers, among other things, was voted by the European Parliament in March 2019 and now needs to be transposed by EU members by 7 June 2021.

  The UK government supported the Directive and was among the 19 countries from the Council of Europe that voted for it. In addition, most British MEPs voted in favour of the Directive. After the Directive was voted, Boris Johnson, who was not yet Prime Minister, said the Directive was "terrible for the internet." He added: "It’s a classic EU law to help the rich and powerful, and we should not apply it. It is a good example of how we can take back control."

Selling out British creators

  Former UK Music CEO Michael Dugher wrote on Twitter: "Conservatives said they supported measures in the Copyright Directive. If Brexit means ‘taking back control’ there’s nothing to stop them legislating now in the UK. If they don’t, it will look like they’ve caved into Google & completely sold out exploited British music creators."

  Geoff Taylor, chief executive of the British Phonographic Industry (BPI) and BRIT Awards, which represents some 3,000 British music companies, said: “It remains of vital importance to British music and the UK’s creative industries that digital platforms pay fairly for the content they use and put in place effective proactive measures to ensure illegal content does not appear on their services."
  Taylor said the music sector will "continue to engage closely with Government on this subject to ensure this goal is achieved.”

Remaining an attractive home

  Andrea C. Martin, chief executive of UK rights society PRS for Music said that while she acknowledges the political reasons behind the government's announcement, "that doesn’t change the fact that in some areas the UK’s current copyright framework is failing to protect creators. This lack of clarity will stifle the UK’s creative sector – one of our engines for growth."

  Added Martin: "If our creator community is not going to benefit from the same level of protection as those in Europe, we urge the government to set out clearly and quickly how it will ensure the UK remains an attractive home for creative businesses and their rights."

  Julia Reda, the former MEP who was the main opponent to the Directive, also reacted on Twitter: "Are you kidding me?? The UK will not be transposing the #copyright DSM directive after Brexit. Well, if the UK government didn’t like it, they could have just, you know, not voted for it in Council and it would not have had a majority! #Article17"