A Proposal for Simplifying United Kingdom Copyright Law

Abstract:     
The copyright legislation of most common law countries is, in all respects, complex. How might such legislation be simplified? Is simplification necessary or even desirable? This article considers and answers these questions, using the United Kingdom copyright legislation as an example.

The article begins by noting that the UK legislation is not only unnecessarily complex in its conceptual structure, but also is unjustifiably discriminatory and "technologically challenged" (ie found wanting in its response to digital technology). It then postulates that a simplification of the UK copyright legislation, along lines similar to that proposed for Australia's copyright law, is both a possible and a desirable way to remedy these shortcomings.

The article identifies a set of principles on which a simplified copyright law should be modelled. These principles are the use of broad and inclusively defined categories of protected subject matters, the adoption of innovation thresholds based on degree of creativity, and the removal of the distinction between tangible and intangible embodiments of copyright material. The article then illustrates how these principles could be implemented in practice; this being the proposed approach.

The article concludes that the proposed approach is not radical. Rather, it is argued that the proposed approach is fully consistent with the UK's obligations under the Berne Convention, and is the logical and desirable continuation of an international trend which began in 1996 with the adoption of the World Intellectual Property Organization copyright and neighbouring rights Treaties.

Keywords: copyright, technology, simplification, reform

JEL Classifications: K39

Accepted Paper Series