Briefing

The Hargreaves Review recommended a DCE to facilitate copyright licensing for rights holders and to streamline the process for resolving disputes.  Hargreaves envisaged a DCE as “a network of interoperable databases to provide a common platform for licensing transactions” and identified the advantages of a DCE to making copyrighted material more accessible and the economic advantages of lowering the costs of licensing. According to Hargreaves, a DCE could benefit the UK economy to the tune of some £2 billion and he specifically recommended the appointment of a highly respected figure to lead on the DCE and to build the momentum necessary in its early stages to ensure it will be a success. The appointment of Mr Hooper, a well-respected regulator with strong private sector experience, will provide some of the initial energy to get the DCE going.

According to Mr Hooper, his work will be carried out in two phases.  First, he will consult within and outside of the copyright sector to establish how licensing works and the broader issues surrounding licensing. He will then be in a position to produce solutions which have industry support and which respond to the Hargreaves report. In this way he will be able to forge a “common understanding” in responding to the spirit of the Hargreaves vision.

Mr Hooper is expected to have completed his feasibility study before July 2012.  Clients with interests in licensing digital content, either as rights holders or as content buyers, should think about engaging with the review as Mr Hooper appears keen to listen to industry. Since the Hargreaves report is silent on the design and implementation of a DCE, there will be considerable scope for input from interested parties.

If you require further information on anything covered in this briefing please contact Peter Wienand (peter.wienand@farrer.co.uk; 020 3375 7355) or your usual contact at the firm on 020 3375 7000.