Copyright Consultation Paper Tackles File Sharing Issue

The Department for Business Enterprise and Regulatory Reform has issued a consultation paper addressing the matter of copyright infringing peer-to-peer file sharing of music, films and videos.

The document aims to launch a "co-regulatory approach that could be adopted in order to facilitate and ensure co-operation between Internet Service Providers (ISP's) and rights holders to address the problem of illicit use of Peer-to-Peer file sharing technology to exchange unlawful copies of copyright material."

The issue of copyright and whether it still plays a major protective role to right owners in an ever increasing digital era, has triggered numerous debates. No doubt copy holders must be protected but how and at what cost? This year, the Government wrote in its Creative Britain strategy document - "The Government recognises the value of the current discussions between internet service providers and rights holders; we would encourage the adoption of voluntary or commercial agreements between the ISPs and all relevant sectors. While a voluntary industry agreement remains our preferred option, we have made clear that we will not hesitate to legislate in this area if required. To that end, we will consult on the form and content of regulatory arrangements in 2008 with a view to implementing legislation by April 2009."

As reported by p2pON six of the largest ISP providers, namely Virgin Media, Sky, Carphone Warhouse, BT, Orange and Tiscali have inked a deal ('Memorandum of Understanding') with the British Phonographic Industry (BPI) and the Motion Picture Association which stipulates that the ISPs will collaborate with right-owners in fighting illegal file sharing.

In the eventuality of a failure it’s very likely that the Government will soon be adopting new laws and regulations to deal with what proves to be a persistent problem.