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Brexit and the realpolitik of trade agreements – Laurence Kaye

Hamlet observed “There is a divinity that shapes our ends, rough hew them how you will.”

When it comes to the UK’s choices in a post EU, Brexit world, it isn’t the Divine, but rather existing international agreements, & the politics and power surrounding them, which will define & constrain what the UK can achieve.

This applies to all industries, for goods and services, although the specifics do of course vary.

This was the subject dated at Stationers’  Hall on November 6 2017 in the latest in the series of Ipso Facto debates.

“It is complex!” says Laurie.  See his blog on the subject here.

Publishers stress importance of robust copyright regime post Brexit

UK copyright law must continue to operate in a way that allows news media companies to continue to invest in agenda setting journalism and creative content as the UK leaves the European Union, the News Media Association has said.

In a submission to a Culture, Media and Sport Select Committee inquiry into the impact of Brexit on the creative industries, the NMA stressed the importance of a robust regime “that supports a healthy, functional marketplace for copyrighted works” with “no further dilution of the broad, exclusive rights granted to publishers as copyright-holders.”

The submission said: “In addition to preserving the robustness of its own arrangements, the UK must remain engaged in efforts at European and wider international level to create a strong, united front of copyright protection for publishers and creators.

“We urge Committee members to have at the forefront of their minds that in the digital news environment, the greatest threat to the sustainability of the independent news media comes from online platforms and news aggregators large enough to shrug off attempts to assert publisher/creator rights at national level.”

The NMA welcomed the European Commission’s proposal for a neighbouring right for publishers as an important acknowledgement that a free and pluralist press provides a fundamental contribution to the proper functioning of a democratic society.

“If EU copyright does evolve in this direction, the UK after Brexit should ensure that UK law remains in step with these developments. If UK news publishers are put in a position where they either have weaker copyright protection or weaker practical ability to enforce their rights, they will be put at a grave disadvantage, not just in relation to their European counterparts but also in relation to hegemonic online giants, with whom their relationship is already extremely unequal,” the NMA added.

The submission also highlights developments at a European level around the issue of ad blocking such the publication of guidance by BEREC that said that the installation of network-wide adblocking by mobile phone providers falls foul of EU net neutrality rules. “It is essential that both the rules and this interpretation of them continue after the UK exits the European Union,” the NMA added.

The submission also highlights other European initiatives in areas such as data protection, the Audio Visual Media Services Directive, and VAT, and pointed to potential advantages of being brought out of the scope of European legislation in these areas.

In an earlier statement setting out its Brexit Charter the Publishers Association called on the UK Government to legislate to create stronger copyright rules to encourage investment in the UK and to protect creators. It also asked the government to

  • Ensure the UK research community remains a global leader by developing new strategies for domestic investment

  • Ensure publishers and businesses have access to the people and skills they need, whilst taking into account the public’s concerns about immigration

The priorities reflect the main concerns the publishing industry highlighted in a survey conducted by the PA, which was responded to by major publishers across trade, education and academic publishing as well as many independent publishing houses.

Stephen Lotinga, Chief Executive of the Publishers Association, said: “The UK publishing industry is a great success both nationally and internationally, and it’s essential that our concerns are at the forefront of these Brexit negotiations to make sure our voice is heard and success is not taken for granted.