back to article UK.gov rushes out broken 'Orphan Works' system as EU Directive comes in

The Government has rushed out its controversial “Orphan Works” licencing scheme – but it’s broken on arrival, and if it doesn't start working almost at once it probably won't get the chance. The rushed release is no coincidence. It means, perhaps, that the UK can technically claim that it had a “pre-existing Orphan Works …

  1. El Presidente
    FAIL

    A rough-shod coach and 4

    Driven through at speed despite 'consultation' and against best advice of most of the industry it will (adversely) affect. I'm glad to see it's crash landed in a pile of farce.

    John Cleese said the IT industry hate copyright but love patents and he's right.

    1. Marcus Aurelius
      FAIL

      Re: A rough-shod coach and 4

      I don't think anyone in IT likes either patents or copyright.

      Patents in IT are a farce and copyright duration is far too long.

  2. Whitter
    Mushroom

    Negligence? Mal-or-nonfeasance in public office? Being a dick?

    Surely there is some stick to beat these officials with beyond than the distain they already have won themselves?

    1. John Brown (no body) Silver badge

      Re: Negligence? Mal-or-nonfeasance in public office? Being a dick?

      Yes, a very big stick.

      1. Install software which, as the "big boys" already do, automatically strips metadata from all photos downloaded to your PC under the guise of cataloguing them.

      2. Search orphanworkslicensing.service.gov.uk using the obvious "tags" inferred from the photo subject matter

      3. Carefully check the results as described in the article.

      4. Realise that what you have is obviously an "orphan work" and feel free to use how you will.

      It'd be a shame if any of those pics turned out to be valuable images owned by "big media", but so long as one follows the letter of the law then the worst that can happen is you stop using any photo where a "rights holder" can prove they own it.

      Now, I wonder if I happened to download a film or TV show with no title, credits or embedded metadata, would that be an orphan work?

    2. Anonymous Coward
      Anonymous Coward

      Re: Negligence? Mal-or-nonfeasance in public office? Being a dick?

      "Surely there is some stick to beat these officials with"

      No, in a word. I work in a role that's very close to certain areas of government, and this is normal. It can be summed up as a process:

      Problem is identified, government department forced to act

      Long, slow "consultation"

      Select really poor idea that has little stakeholder support

      Design complex solution without any market testing to see if the idea works

      Implement complex solution late

      Ignore screams of protest and announce success.

      Wait for pension and New Years Honours list.

      There's nothing special about DCMS in this respect. Look at the mess of energy policy (including particularly madcap ideas like "Green Deal". Look at defence policy or defence procurement. Look at DfT's bungling in simply re-letting a couple of rail franchises. Look at DCLG's £1bn failure over fire control centres. Look at DFID funding education in India for years whilst India chose to spend its own money on nuclear weapons and a space programme. Look at the Home Office wasting a third of a billion on an immigration system that doesn't work. Look at the DoH wasting £10bn on the failed patient records system. Look at the MoJ wasting £50m on a failed shared services mess, and half a billion on the bungled Libra system. Look at DWP and the rolling disaster of universal credit. I could go on, but I think that's enough for now.

      The "governance" in government is an unmitigated mess. The idiots of Westminster certainly don't help, but too many of the episodes mentioned above are wholly or largely under the control of the Civil Service, and this is the same Civil Service that advises ministers when they make decisions.

      Once in a flood does a senior civil servant get held to account for this sort of disaster. More often they simply drift on to another well rewarded post in another government department about which they know nothing.

  3. Duncan Macdonald
    Thumb Up

    However existing image copyright is broken

    If I have a commercial photograph of my mothers wedding then under the Copyright Acts I cannot make another but have to contact the photographer (name and address unknown - and may well be dead) to get another copy. This will at least make it legal to make another copy.

    A huge number of commercially produced photographs have either no metadata (no name or address of the photographer) or have metadata that is no longer usable - the name and address of a photographic business that has long ceased trading. This act will at least make it legal to make copies of such photographs.

    If the term of copyright was more reasonable (a maximum of 20 years) then there would be less of a need for this act.

    1. Intractable Potsherd

      Re: However existing image copyright is broken

      "If the term of copyright was more reasonable (a maximum of 20 years) then there would be less of a need for this act." Well said, Duncan. It is the utterly ridiculous term of protection that is the root of the problem in copyright. 20-25 years is enough, not up to six or seven times that period.

  4. Anonymous Coward
    Anonymous Coward

    I'm sure the P.M. will give it his full attention

    ...the moment he can get a breath in past this "Dave" chap ranting about EU directives being rammed through in bad faith without due notice and consultation...

  5. Anonymous Coward
    Anonymous Coward

    European law?

    I thought King "Call me Dave" just picks and choses the European laws he wants to obey these days.

    Can we do that as well?

    1. Anonymous Coward
      Facepalm

      Re: European law?

      Even there he is just a copy-cat, the French and Germans have been doing the same since day one.

      1. Santa from Exeter

        Re: European law?

        No, the French have been making the laws to suit them, and the Germans then ignore them

  6. Harry Stottle

    Abuse of Process

    assuming the facts are as reported, any half decent prosecutor could make a strong case in the European Courts (probably also the UK Courts) that what the government has done amounts to "abuse of process" and would thus nullify their attempt at bypassing the EU legislation. If there are any concerned copyright holders with sufficiently deep pockets, you might want to consider funding such a prosecution...

  7. RobHib
    Stop

    Orphaned works - a fair system needed.

    The only reasonable scheme is for genuine copyright holders rights to respected. Stripping metadata and obfuscating owners of copyrighted material simply violates copyright law.

    Trouble is that conservatively 70%+ of all works generated in the 20th C. are genuinely orphaned and that existing copyright holders (of newer works whose rights aren't in question) oppose the freeing up of these old orphaned works as they consider them competition. These rights holders want both their cake and to eat it, which, simply, is double-dipping. And unfortunately double-dipping has been rife since the inception of copyright law.

    Genuine orphaned works should be freely available to all, and schemes that pass off 'orphaned rights' to highest bidders for fees to government etc. should be outlawed. They are unfair as they just favour the rich and powerful and deny ordinary users rights of access.

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