Lord Triesman - Launch of the First Consultation on the Amendments to Copyright Exceptions recommended by Gowers

I am delighted to be here at the British Library to launch what is the first of a two part consultation on the recommendations made by Gowers to amend the current copyright exceptions.

As you know, Gowers was quite clear that the IP framework was broadly satisfactory for today's needs. He also recognised that if it was to remain fit for purpose in an increasingly technological society, we need to make adjustments. Gowers produced an extremely important document, which - while not the last word - certainly sets the tone for our future work.

The launch today is just one part of a wide ranging package of measures designed to ensure the IP framework remains appropriate for the digital age. In a society of instant access, instant communication and instant sharing, we need to ensure our systems are robust enough - and sensible enough - not only to protect the rights holder from illegal activity, but to ensure that the consumer and user can make sensible use of protected works and also respect the rights attached to them.

I know that one of the areas of most concern to rights holders is the potential introduction of a format-shifting exception. But I think we have to be realistic here. As far as the average consumer is concerned the current law is a nonsense: why, having legally purchased a CD, can you not make your own personalised compilation for use in the car or MP3 player? We need to change the perception that the law is an ass.

And we can start by making the law sensible. I want to be able to draw a clear distinction between legal and illegal activity. With a sensible law behind us we can start to successfully get the message across that rights must be treated with respect. I am under no illusion that this will be easy - many in the download generation expect everything for free. They may even view the proposals on format-shifting as a way of curtailing their rights and freedoms. So we must be clear about what we are doing and why we are doing it. We also need to make sure that consumers are properly informed and know what they are buying and what they can legitimately do with their purchases. It will be a hard task, and one that will not be achieved overnight. But it shouldn't be impossible - after all, the campaign to improve eating habits now means that most of the population know exactly what the 'Five-a-day' mean. In the same way, I hope that we can work together to change attitudes across the whole of the value chain. Consumers understand that many legal music sites offer a range of products, with different levels of access and use, for different prices. They know that you get what you pay for. We need to work with content holders to find ways of making sure consumers know that even if there is a format-shifting exception, there are strings attached to it. It doesn't mean that consumers will have a green light to upload their record collections onto the Internet. And I should also emphasise here that if DRM is applied it cannot be legally worked around.

The possible format shifting exception is just one of the exceptions included in the consultation which I'm launching here today. The others are equally important in the digital age. The consultation considers, for example, how to allow libraries and archives to preserve their collections: using technology positively rather than finding it a hindrance. If we don't act now, we are in danger of losing parts of our cultural heritage where material on obsolete media cannot be copied because the copyright owner cannot be traced and her permission sought. So we need to act to preserve this material. We also recognise that some other institutions, like museums and galleries, find themselves in a similar situation, so the consultation asks whether it is also appropriate to extend such preservation activities to them.

The consultation also considers how to extend the current educational exceptions to permit the use of whiteboards and to improve access for distance learners. It looks at extending the current fair dealing provisions for research to cover the copying - not distribution - of all forms of content. And, again perhaps rather contentiously, looks at the potential introduction of an exception to permit parody, caricature or pastiche.

I believe that the first consultation paper being launched today is a step towards delivering a more appropriate system for students, individuals and institutions such as libraries, as recommended by Gowers. We are keen to hear the views of all interested parties and I know that my officials are setting up a series of meetings to hear first hand initial thoughts about the consultation paper. And of course everyone is invited to send in their formal responses. This isn't going to be a quick and dirty skate through the consultative process. We appreciate that some of these changes may create difficulties in certain areas which we want to mitigate, so we are taking a step by step approach. Once the responses to this consultation have been analysed, a further consultation on the draft law will follow. This approach will give everyone an opportunity to comment on where the boundaries lie between strong protection for rights holders and appropriate levels of access for users. And I should make it clear that this process - making sure that the copyright framework remains relevant - is an ongoing one. I take my responsibilities as Minister for Intellectual Property very seriously and I am keen to ensure that our framework evolves appropriately.

This is an important consultation. It considers how to deliver certain recommendations made by Gowers to adjust the IP framework and maintain its relevance for the future. Some of the other Gowers 'adjustments' have already been delivered. I know, for example, that the long awaited commencement of section 107A was well received, as was the accompanying allocation of funding which we are committed to continuing next year and over the rest of the comprehensive spending round period.

Such actions represent just one step in the process of improving the enforcement regime. Gowers recognised the need to do this and so do we. That's why we are already working with a broad range of stakeholders via the National IP Crime Strategy, and why I am determined to continue working in partnership with industry to deliver further improvements, as I mentioned at the launch of the IP Crime Report last month.

If I refer to an event that took place some weeks ago, I do not apologise. I feel it is very important to set today's launch in its proper context. The Government attaches a great deal of importance to the creative industries and right holders and we have been working closely with partners across Government in the development of the Creative Economy Strategy. Government will be publishing the Strategy very shortly and this will again emphasise the opportunities and threats to the UK's Creative Economy.

So this consultation is just one part of a wider package of measures to make sure our IP framework is fit for the future. We need to ensure it is valued by right holders and respect by users - both of which are critical to the future success of UK's creative economy.