Creative industries, rights groups and lawyers react to digital economy bill

Protesters outside Parliament on 24 March protesting at the digital economy bill. Photo by Amil Mohanan on Flickr. Some rights reserved

The digital economy bill received its final reading in the Lords on Thursday afternoon, with no amendments made - meaning that it has passed all its Parliamentary hurdles and can now pass to royal assent. That triggered a wave of official responses from creative industries and others. See if you can spot who's on which side...

Feargal Sharkey, Chief Executive of UK Music commented:

"UK Music welcomes the creation of the Digital Economy Act. Firm foundations are now in place on which to develop the UK's digital economy. The UK's music industry has no urge to look backwards and, as we have consistently stressed, legislation is not a means to an end. It is a spur to action. We acknowledge that the real work begins now - both in terms of developing a Code of Practice with industry partners and Ofcom, cooperating with Internet Service Providers, and by opening up even more legitimate ways for fans to enjoy the music and creativity that they love. As outlined in Liberating Creativity, UK Music's manifesto for the commercial music sector, we have ambitions to be a world leader by 2020. To realise this goal it is clear that we must meet these challenges and proactively embrace our digital future in the weeks, months and years ahead."

BPI Chief Executive Geoff Taylor said:

"The Act's measures to reduce illegal downloading will spur on investment in new music and innovation in legal business models. An internet that rewards taking creative risks will mean more British bands enjoying global success, more choice in how to access music online, and more jobs in our fast-growing creative sector. These measures will not eliminate all piracy, but they will go a long way towards reducing illegal freeloading and will help to build a more sustainable ecosystem for content on the internet. We are acutely aware that music fans are at the heart of our business as it embraces the digital age. Hand-in-hand with the new measures, we will continue to expand the exciting range of legal services that offer vast catalogues of music to stream or download and which reward artists for their work. We will underpin this with industry initiatives, such as the recently launched Music Matters campaign, to raise awareness of these offerings with UK consumers. We will now work diligently with other stakeholders, including ISPs and Ofcom, to develop the Code of Practice that will bring the Act into effect."

Publishers Association Chief Executive Simon Juden said:

"The cross-party support for the peer-to-peer proposals in the Digital Economy Bill proves just how important these measures are. High-quality content needs to be monetised and protected if its production is to be sustainable. As publishers are increasingly investing in the creation and delivery of digital content, so the measures passed today will help to secure that investment. We look forward to working with Government, Ofcom and ISPs on implementing the legislation. For publishers, the proposed reforms to orphan works were also of considerable interest. We are disappointed that Parliament has not been able to agree amendments to Clause 43 which accommodate the concerns of photographers, and has instead decided to remove the Clause from the Bill altogether. For the Clause to fall at the final hurdle after so much amendment and debate suggests this really is a missed opportunity. Legislation to unlock orphan works would have had a significant and tangible effect on the accessibility of our cultural heritage."

The Open Rights Group's chief executive Jim Killock said:

"This is an utter disgrace. This is an attack on everyone's right to communicate, work and gain an education. Politicians have shown themselves to be incompetent and completely out of touch with an entire generation's values. There now thousands of activists working with ORG planning to show up in hustings, demand answers from candidates, and who are willing to punish those who voted for this at the ballot box."

Shireen Peermohamed, partner and intellectual property specialist at Harbottle & Lewis, the London media and entertainment law firm, said:

"One of the most controversial aspects was the clause which would have given wide powers to block access to Internet sites carrying illegal downloads. This has been replaced by a clause allowing the government to block sites which the Court considers are likely to be used to infringe copyright, or which are carrying infringing material. Whether this is giving the government the same wide powers dressed up in different language remains to be seen. Frankly, though, I doubt whether any Court would allow a site to be blocked without good evidence about what is happening or is likely to happen on it, and the outrage about government intervention may well be an over reaction."

John Kennedy, chairman of the IFPI, which represents around 1400 major and independent record companies worldwide, said:

"The passing of the Digital Economy Act in the UK recognises that if a country is to have world-class creative industries, then it also needs laws that will effectively protect their rights from the crippling problem of digital piracy. The new UK legislation is a decisive step towards dealing with P2P and other forms of illegal distribution in a way that can substantially reduce the problem. Most importantly, it recognises that internet service providers have an essential role to play in curbing online piracy and reducing infringements on their networks."

The law firm Eversheds commented:

"The Bill was passed in the face of much popular opposition to the copyright infringement provisions as well as very vocal lobbying from ISPs and others who will be required to implement the new provisions - at some cost to them. We can expect opposition to intensify as the clampdown on copyright infringement begins in earnest and consumers find themselves accused of breaking the law. Meanwhile some commentators have already pointed out that technology savvy infringers can - and will - take steps to circumvent detection, leaving open the question, who is the government really targeting?"

Christine Payne, Chairperson of the Creative Coalition Campaign and General Secretary of Equity, said:

"Today marks a groundbreaking day for the UK's creative industries. On behalf of the businesses and trade unions represented by the Creative Coalition Campaign, we want to thank members of both Houses for voting to support our sector against the damaging effects of online piracy. For too long, this illegal activity has been threatening the livelihoods of thousands of workers throughout our sector. Looking to the future, we now face the challenge of ensuring that the system outlined in the Bill functions properly in order to allow industry to focus on developing new business models that can flourish without having to compete with illegal file-sharing, downloading and streaming. Only with this protection will the UK's creative industries be able to continue to invest in the TV programmes, films, books, sporting events and music which are loved by millions across the UK and throughout the world."

Lavinia Carey, Director General of the British Video Association, said:

"The BVA is delighted to see the Digital Economy Bill successfully passed with clauses in place to protect copyright holders from peer-to-peer file sharing as well as from illegal sites offering copyright material for free. As a nation we should be enormously proud of our home entertainment industry which produces a wealth of extraordinary material to be enjoyed by millions. Illegal consumption of this material is effectively stealing and squeezes the industry's budgets, which in turn stunts the creativity of content and innovation we have come to enjoy."

Ford Ennals, Chief Executive of Digital Radio UK, said:

"We welcome the clear policy direction and legislative framework that is now in place giving us a foundation upon which to build a secure and prosperous future for radio and significant benefits for listeners. The switch to digital radio will also deliver opportunities for growth and greater competition within the industry as more commercial stations gain the ability to transmit nationally, and community and small local radio stations gain greater access to FM."

Mark Friend, Controller, Multiplatform & Interactive, BBC Audio & Music, said:

"Passing the Digital Economy Act into law is an important milestone in securing radio's place in a multi-platform digital world. It sets the stage for broadcasters and manufacturers to deliver the benefits of digital to UK radio listeners, including increased choice, quality and functionality."