Publishers warn mooted copyright change is 'concrete threat' to industry

Leading publishers have added their voices to warnings about a government-mooted change to copyright, saying it could "degrade quality" across the trade and is a "concrete threat" to the industry.

Last week an alliance of organisations including the Publishers Association, Society of Authors, Association of Authors’ Agents and the Authors’ Licensing & Collecting Society revealed a united front urging opposition to a revision of the UK’s copyright law on an issue known as rights exhaustion. The Save Our Books campaign says government proposals to revise the UK’s approach to copyright and trade following Brexit could lead to fewer books and fewer authors.

The Intellectual Property Office launched a consultation on 7th June which considers a weakening of copyright rules involved when exporting books around the world. One of the options on the table for the UK to adopt, international rights exhaustion, is causing deep concern because it would allow lower-priced export editions of English language titles to be sold within the UK domestic market, undercutting home sales. Author income and publishing revenue in general could be set to reduce drastically owing to the impact of such a change, the trade bodies warn.

Pan Mac m.d. Anthony Forbes Watson told The Bookseller: “The threat of a change to copyright exhaustion rules post-Brexit, which would have the effect of weakening copyright substantially, is a threat to the income and market access of our writers and illustrators, to jobs, investment and the development of new talent for publishers, and to the health of physical bookstores in high streets across the country. This concrete threat would degrade quality across a vibrant and successful industry and must be opposed concertedly by the industry as a whole.”

Perminder Mann (pictured), c.e.o. of Bonnier Books UK, echoed this and said it could stifle creativity and reduce the pool of talent alongside other pitfalls. She said: “Copyright is the lifeblood of our industry and any weakening of the copyright exhaustion rule will have a devastating impact on authors, illustrators and publishers. Under an international copyright exhaustion regime, publishers stand to lose a quarter of our revenue, while two-thirds of authors' incomes could be affected."

She believes this would make publishing more risk-averse. "This will undoubtedly mean publishers take fewer risks and have a narrower pool of talent to commission from, stifling creativity and growth," she told The Bookseller. "This is especially unthinkable when we are working so hard to publish more inclusively and diversely. If we want to stay relevant as an industry, we cannot afford to stand by and let the government make the wrong decision.”

Jamie Byng, c.e.o. of Canongate, said: “This might seem like a complicated or technical issue but really it comes down to protecting author earnings and their ability to make a living from their work. If this weakening of copyright happens, it will be bad for writers, bad for the UK publishing industry and ultimately bad for readers. We have to try and make sure that the government does the right thing before this becomes one more unintended and destructive consequence of Brexit.”

Nigel Newton, founder and c.e.o. of Bloomsbury, agreed, explaining: “The protection of copyright is of paramount importance to the British publishing industry. Having a copyright exhaustion regime which ensures that publishers, authors, illustrators and booksellers are all protected is the single most important issue of our time. Books are one of the single greatest sources of content for other creative industries including TV and film and the IP we invest in has a direct knock-on effect to those other industries. As a leading independent British publisher and originating publisher of Harry Potter, Bloomsbury needs to continue to invest in new and diverse authors and illustrators from a wide range of backgrounds.”

He added: “Publishers must have the certainty that their investment in advances, staff, marketing campaigns and print runs is not decimated by imports and the ecosystem which rewards authors eroded, leading to a diminution of Britain’s extraordinary creativity.”

Charlie Redmayne, c.e.o. of HarperCollins, commented: “‘The adoption of a national copyright exhaustion regime is the best solution if we are to protect the UK’s creative industries. Unchecked erosion of copyright and any changes in the law that hasten it would reduce investment in UK publishing, to the ultimate detriment of consumers, authors, agents, booksellers, publishers and the broader economy. Now that the government is consulting on the issue it is imperative that everyone who cares about the livelihood of authors and the future of our industry gets behind the PA’s Save Our Books campaign in any way they can.”

A spokesperson for Penguin Random House told The Bookseller the publisher is very supportive of the PA and its work on the campaign, as did a Hachette spokesperson.

Agents have also expressed their concern. A spokesperson for the PFD agency said: “It is a topic close to our hearts and vital for the industry. It is our utmost priority to protect our authors’ IP, their interests and their earnings and this means maintaining strong copyright laws in the UK. We hope this is something that will be close to the Prime Minister’s heart given his literary credentials.”

The IPO consultation ends on 31st August.