1. Extended Collective Licensing in the United Kingdom Nadia Vally Deputy Director Copyright and Enforcement Directorate

2. The case for ECL in the UK Simplification easier rights clearance means improved circulation of works, better compliance with copyright law, and returns to rightholders Hargreaves review recommended introduction of ECL as part of a modern, simpler licensing framework Protection ‘De facto ECL’: some similar schemes already operating without a formal legislative basis Formalisation ensures rightholders and collecting societies are protected Modernisation ECL could support new services like mass digitisation schemes

3. Risks and concerns ECL proposals caused significant scepticism from rightholders.... IssueConcern Impact on licensingDoes ECL interfere with primary licensing? Opt-outWill I be able to opt-out of a scheme? Collecting SocietiesWill they treat outsiders fairly? International IP lawCan ECL align? Moral rightsWill ECL result in unwanted uses of works?

4. 2010-2015: principles ECL developed in context of deregulatory Government agenda: preference for market-driven solutions. Need to maintain the ability of rightholders to retain control of their work ECL should not be seen as a solution in all cases Legislative approach should make provision for future-proofing Extensive stakeholder engagement was vital

5. 2010-2015: timeline 2010: Digital Economy Act- failed attempt to introduce ECL due to stakeholder opposition 2011-12: copyright consultation includes ECL proposals 2012: ERR Bill includes powers to establish ECL framework using regulations 2012-13: Stakeholder working group formed to develop Regulations with around 25 representatives, chaired by IPO officials. November 2013: Consultation on draft Regulations October 2014: Regulations become UK law

6. The UK ECL framework: 1 Government does not decide which areas are suitable for ECL – contrast to other jurisdictions. Instead a general power to authorise schemes A collecting society which wishes to operate a scheme makes an application to the Government, including: A) the details of the licence it wants to extend B) Evidence of how it meets the requirements set out in the Regulations. Government assesses the application and allows interested parties to comment before making a decision. If approved, the ECL scheme is authorised for five years

7. The UK ECL framework: 2 Safeguards Strong focus on safeguards in UK – history of ECL domestically Representativeness: the applicant must show it is significantly representative of the types of rightholder affected Consent: the applicant must show it has the explicit consent of its members for the scheme Conduct: the applicant must show it is complying with its code of practice (will change under CRM Directive- consequential amendments to ECL regulations)

8. THE UK ECL Framework: 3 Safeguards (continued) outsiders: the applicant must show it has processes in place to inform outsiders about the scheme, and locate them when their work is used in order to pay royalties owed. Opt-out: the applicant must show it has procedures in place to allow outsiders to opt-out of the scheme. UK believes this is essential. Opt-out must be: - acknowledged within 14 days - usually actioned within 6 months - made publicly available

9. The Future of ECL in the UK No applications received, but expected in 2016 following interest from several collecting societies and potential licensees Rightholders less concerned in context of extensive safeguards and engagement Increasing international interest: the possibilities of mutual recognition Will closely monitor impact of first schemes when these come into effect