Copyright reform: it’s not about what or how, but who

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Copyright reform: it’s not about what or how, but who

Mr Justice Arnold made a compelling case for a new UK Copyright Act in his recent Herchel Smith lecture. But is his proposal for a committee of experts the best way to achieve it?

arnold-richard-200.jpg

The High Court judge, and copyright specialist (right), argued that international harmonisation, technological change and new business models that have developed since the last UK Copyright Act in 1988 make a new law necessary, and that a holistic approach should be taken.

I don’t think many people, despite the many and varied views on copyright today, would disagree with that.

He also proposed that the best way to develop a new law would be to set up a departmental committee or Royal Commission (as happened with the three previous UK Acts), rather than the individual-led reviews such as those by Andrew Gowers and Ian Hargreaves.

That committee should comprise people with experience in copyright, said Arnold, including at least one academic.

Again, I don’t think anyone would disagree in principle. But the problems begin when you start to think about who should be on the committee.

trollope.jpg

Arnold helpfully provided the names of the members of previous committees during his lecture. Many distinguished figures were among them, such as the writer Anthony Trollope (left) and the physicist Thomas Allibone, as well as lawyers, academics and politicians.

But who would you have on the committee today? Depending on their availability, we could probably identify some senior solicitors, barristers, civil servants and academics and maybe even a judge or two (any names spring to mind?).

The various copyright-dependent industries (film, music, TV, computer games, publishing, broadcasting and so on) would probably also want to be represented. And what about individual creators, such as artists, musicians, authors and poets?

Then it begins to get complicated. Any review today would have to reflect the views of the large technology companies that are affected by copyright laws. Should Google and Amazon be included?

org-banner-red-web.png

And what about copyright users? Libraries (paradoxically) have a loud voice in these debates, as do students. Should a body like the National Union of Students take part? And what about those who have fundamental criticisms of copyright? I’m sure the Open Rights Group (whose submission in the recent Richemont case was described by Arnold himself as “brief, moderate and helpful”) would like to be involved. Maybe the Pirate Party would too.

This seems to me the challenge of reforming copyright today, compared to a generation ago: before you can consider what reform is needed, or how it is to be achieved, you need to consider whose voice counts.

Presumably the type of committee that Arnold proposes would be able to take submissions and even hear evidence from the kinds of groups I’ve mentioned above. But if some parties are limited to presenting their case, while others have a seat on the body that makes the decisions, there is a risk that any reform proposed would lack credibility and face immediate criticism.

more from across site and SHARED ros bottom lb

More from across our site

Partners Alex Wilson and Andreas Kramer say bigger law firm rivals don’t necessarily gain by having a wider jurisdictional reach
VO, which has offices in the Netherlands, Belgium and Germany, is the second European IP firm to secure external backing this week
The Bardehle Pagenberg attorneys-at-law discuss the firm’s Managing IP EMEA Awards 2026 success, Unified Patent Court litigation strategy, and evolving European patent trends
A patent battle between two legal tech companies and a loss for Elon Musk’s xAI against OpenAI were also among the top talking points
With drug prices a hot topic in the US, courts are seemingly more reluctant to prevent the entry of generics to the market
Academic Eden Sarid joins us during Pride Month to discuss queer expression and IP law, Patagonia v Pattie Gonia, and how queer and AI-generated creations both pose novelty concerns
Patent attorney Michael Henson joins the firm to lead its freshly launched blockchain and digital assets practice
A dispute over mammogram technology, and a development in the case between GSK and Moderna were also among the top talking points in recent weeks
With rankings for Western Europe set to be published on June 25, we sat down with our research lead to find out what practitioners and law firms can expect
Peter O’Sullivan, a professional services executive, says he is looking forward to helping Pearce IP become the leading life sciences firm in Australia and New Zealand
Gift this article