Authors: Mendis, D.
Journal: Script-ed, A Journal of Law, Technology and Society
Volume: 2
Issue: 3
Pages: 300-326
ISSN: 1744-2567
DOI: 10.2966/scrip.020305.300
Abstract
The aim of this paper will be to provide a case study of the Copyright Licensing Agency (CLA) and its inter-action with Higher Education Institutions (HEIs). The paper will begin by introducing and expanding on the concept of higher education institutions and how they have had to adapt to copyright reproduction, especially from the mid twentieth century, with the advent of the photocopy machine. The paper will touch upon the copyright laws that have attempted to regulate copying within HEIs in the UK and consider whether it has been a success or not. The paper will then carry out a study in to CLA and will aim to raise and answer the following question: what really happens to the money that is collected from HEIs by the CLA and distributed through the Authors Licensing and Collecting Society (ALCS) and Publishers Licensing Society (PLS)? Is the license fee collected from HEIs fairly distributed amongst the right holders? Having looked at both HEIs and collecting societies (CLA specifically), the paper will consider whether collecting societies are the best practical solution we have or whether we are putting up with a system that we have come to know? The UUK v CLA case revealed the dangerous side of collecting societies, especially that of CLA and questioned its motives and aims. In offering a solution, the system in USA will be considered where the US law allows for two or more competing collecting societies in one area. Does competition combat an abuse of a dominant position, which is what we have in the UK and is this the way forward for the UK? Or does competition curtail creativity? Whilst some of these questions have been answered by the author, others have been left open for consideration.
