Democracy in action - NOT!
Hargreave's recommendations completely ignored moral rights as assigned to artists by 2 different forms of Human Rights Legislation:
It is right that my work should be protected by the law. United Nations Universal Declaration of Human Rights Article 27 (2) states:
'Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary
or artistic production of which he is the author.' Please click here for more information on this subject http://www.stop43.org.uk/pages/news_and_resources_files/9f95e713e47225fa4d19f9a80ee738a2-107.php
It follows that any proposed legislation to enable the commercial use of orphan works or the extended collective licensing of copyright works, which is intended to result in a copyright holder in practice being 'deprived of his possessions' without his knowledge or consent (which Mr. Justice Arnold has judged to be the consequence for rightsholders of piracy of their copyright work) would breach Article 1 of the First Protocol of the Human Rights Act 1998.
Interestingly the Human Rights Act 1998 restrains the Government from introducing legislation that is not compliant with human rights legislation, and indeed reading Section 6 it may be unlawful for civil servants even to draw up such legislation. When asked at a pre-consultation meeting on 23rd August 2011 attended by Stop43, among others, Matt Cope of the Intellectual Property Office confirmed that new UK legislation must be compliant with the Human Rights Act 1998.
Here's the sting in the tail: having spent the last few days networking with colleagues in the Artists Bill of Rights, http://the1709blog.blogspot.com/, http://www.creatorsrights.org.uk/, http://www.stop43.org.uk/ and the NUJ, The Arts Council, the Disability Alliance, The Art House, Embrace Arts and more - we find ourselves in a rediculous situation - the mailbox at email@example.com where the submissions need to go is FULL!
The cynical amongst us may feel that this has been a purposeful act. I can't comment. If you have taken the trouble to do a submission - PLEASE send it in by recorded delivery post guaranteed arrival for Monday, to:
Business, Innovation and Skills Committee
House of Commons
In the meantime, colleagues are working on getting Parliamentary staff to address the email issue.
All the best