The London Book Fair 2010

E-Books
The hot legal issues

Laurence Kaye Solicitors 21 April 2010

 E-Books The hot legal issues
Panel Intro

Panel Intro

• Richard Charkin, Executive Director of Bloomsbury Publishing plc

• Peter Collingridge, Managing Director of Enhanced Editions ltd

• George Walkley, Head of Digital at Hachette UK Group

• Laurence Kaye, Laurence Kaye Solicitors

Laurence Kaye Solicitors 21 April 2010

 E-Books: The hot legal issues
Agenda

Agenda

The Hot Topics / Big Questions

Panel Commentary

Questions and Discussion

Laurence Kaye Solicitors 21 April 2010

 E-Books The hot legal issues
e-books and the law

e-books and the law

“book” includes:
(a) a work recorded as a sound recording and
consisting mainly of spoken words (an “audio
book”), and
(b) a work…recorded in electronic form and consisting
mainly of (or as a combination of) written or spoken
words or still pictures (an “e-book”)

(Digital Economy Act, amendment to Public Lending

Right Act)

Laurence Kaye Solicitors 21 April 2010

 E-Books The hot legal issues
The Big Questions

Hot topics > Big Questions

1. Which way forward: re-invent copyright v. ‘adaptive innovation’?

2. How to solve the analogue legacy?
3. Can copyright and technology co-exist?
4. Where are the new business and legal models for copyright, contracts
and licensing in the 21st century?
5. Do piracy and illegal file sharing render copyright protection illusory?
6. How are consumers re-shaping the digital legal landscape?
7. And?

Laurence Kaye Solicitors 21 April 2010

 E-Books The hot legal issues
Which way forward?

T1: Which way forward: reinvent copyright v.

‘adaptive innovation’?

Reinvention Adaptation

Global copyright? 1. Approximation through

‘Unitary copyright’ in harmonisation (e.g. copyright
Europe? exceptions)
2. Update where needed
3. Simplification
4. System efficiency

Laurence Kaye Solicitors 21 April 2010

 E-Books The hot legal issues
How to solve the analogue legacy?

T2: How to solve the analogue legacy?

: Mass digitisation: ‘out of print’ and ‘orphan’ works

US approach: Google Settlement

EU/UK: ‘diligent search’ + collective licence

A solution for the analogue age?

Laurence Kaye Solicitors 21 April 2010

 E-Books The hot legal issues
Can copyright and technology co-exist?

T3: Can copyright and technology co-

exist?

Skewed debate: ‘DRM = TPM = barrier to access’

DRM = enabler via automated rights permissions

Getting the infrastructure right e.g. ‘Rights DNS’

Technology can make it simple > ‘Traffic Lights’

E-books: standards v. the law

Laurence Kaye Solicitors 21 April 2010
 E-Books The hot legal issues
Where are the new business and legal
models?

T4: Where are the new business and legal

models for copyright, contracts and licensing
in the 21st century?

Impact of new distribution models > ‘contractual upheaval’

in supply chain

Different issues ‘supply side’ v. ‘demand side’

Supply side – Contracts!

Demand side – Licensing / Exceptions

Laurence Kaye Solicitors 21 April 2010

 E-Books: The hot legal issues
Do piracy and illegal file sharing render copyright
protection illusory?

T5: Do piracy and illegal file sharing render

copyright protection illusory?

Enforcement <> business models <> education

Digital Economy Act: illegal file sharing

PA Copyright Infringement Portal

Increase in penalties

Laurence Kaye Solicitors 21 April 2010

 E-Books The hot legal issues
How are consumers re-shaping the digital legal
landscape?

T6: How are consumers re-shaping the digital

legal landscape?

Engagement and empowerment

EU Digital Agenda

Online contracts more friendly

Rights management + clear information to consumers
about their rights

Trust and confidence in e-commerce e.g. online trust
marks for retail sites (quasi legal)

Cheap, quick and effective online resolution

Laurence Kaye Solicitors 21 April 2010

 E-Books The hot legal issues
Final Thoughts

FINAL THOUGHTS

Laurence Kaye Solicitors 21 April 2010