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Superfast Broadband - Evidence - Parliament

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British Recorded Music (BPI) – written evidence<br />

• search engines ranking legal services above illegal services – at the moment<br />

Google, the most used search engine, tends to serve almost wholly infringing sites<br />

on its first page of results;<br />

• ending the financial support for illegal sites by not placing advertising on them,<br />

or profiting from infringement by selling key words associated with piracy or by<br />

selling mobile applications which facilitate infringement; and<br />

• not to allow payment to infringing sites from credit cards and payment<br />

services.<br />

45. Whilst it has been shown now in court that sites that are facilitating illegal distribution<br />

of content may be blocked through the Copyright, Designs and Patents Act 1988<br />

(through the Newzbin II case) the process is still too slow and expensive for rights<br />

holders. BPI believes a court process is important but it should be done in the<br />

applications court or another procedure which can be cheaper and quicker (i.e. less<br />

than the 6 months to a year) than the current process.<br />

46. BPI recommends that Ofcom be given both a general duty to tackle<br />

infringing content online to ensure customers have confidence in safety and<br />

legality online, particularly when using trusted brands. BPI also<br />

recommends that the Ofcom media literacy duty includes a duty to<br />

educate about copyright and the importance of using legal sites.<br />

47. The UK content industries are world class, but the influence of non UK technology<br />

companies in Government is clouding the debate over the importance of property<br />

rights. The overall agency with responsibility for IP in the UK Government, the<br />

Intellectual Property Office, has a weak understanding of the digital business models of<br />

the creative industries and their reliance on the copyright framework; and is pursuing<br />

policies that consist primarily of weakening creators’ rights to benefit third parties (in<br />

particular technology companies) at the expense of UK creative industries. The future<br />

health of our world class content industries requires co-ordinated effective and<br />

supportive measures across Government.<br />

48. BPI recommends that the Intellectual Property Office is re-established as a<br />

body to champion the UK copyright industries, with clear statutory duties<br />

to protect and promote the interests of UK intellectual property in the UK<br />

and overseas and to co-ordinate effective enforcement of UK rights<br />

domestically and internationally. The Intellectual Property Office should<br />

also have a duty to educate consumers on the value of ideas and intellectual<br />

property and the importance of respecting intellectual property rights.<br />

2 March 2012<br />

38

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