Is Weatherley's world too black and white?

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

Is Weatherley's world too black and white?

Last week saw the publication of a report on copyright education (and the need for more of it) by the UK prime minister's IP adviser. But is its good guys/bad guys approach too simplistic?

weatherley-report.jpg

The report by Mike Weatherley MP (pictured right, centre) was the third (and final, since he will leave Parliament in 2015) he has prepared for David Cameron.

Despite being appointed to the (upaid) role of intellectual property adviser, each report has focused on copyright. That is not surprising, since it is an area of IP the former music industry executive knows very well. But has the insight he has gained as an industry insider made him too willing to defend industry practices from the challenges unleashed by the digital revolution?

In a piece Weatherley wrote last week for Conservative Party blog Conservative Home, the IP adviser talked about a recent visit he had paid to a university. While there, he had asked the students present how many had illegally downloaded music in the past month. Around 90% admitted they had.

Weatherley then asked how many of these people "thought that they were helping to contribute to the downfall of our creative industries" - a loaded question if ever there was one. One third of the students kept their hands raised.

Weatherley concluded from this experiment (which he acknowledges was not very scientific) that "(a) that third just didn't care about the consequences, and that (b) the other two-thirds hadn't thought through the consequences".

But this surely amounts to what academics would call a false dichotomy. There may be another explanation: some students may have thought that they were supporting the band and the industry that goes with it. They may have known that the money they subsequently spent on tickets to see the band live, or for a T shirt, or for the entire album that they bought after hearing one track, would contribute towards the upkeep of the creative industries.

Of course it is important to acknowledge the positive impact that IP has for developed economies, and the disruption that the internet has caused the creative industries (not least publishing). But it is seems worth acknowledging that the young people who cut their technological and creative teeth making mashups and parodying successful artists, or who can now access more forms of music than they could ever afford to buy, might yet be the next generation's world-leading artists.

Weatherly has agreed to an interview with Managing IP before he leaves office, so we look forward to discussing these questions with him.

more from across site and SHARED ros bottom lb

More from across our site

Acquisition of platform developed by Boehmert & Boehmert lawyer set to create a combined platform for patent drafting and prosecution in Europe
Partner Rob Jacob unveils plans to offer a beginning-to-end trademark service, how to make prosecution profitable, and why IP ‘buy-in’ from the CEO stands the firm in good stead
Sponsored by CAS
CAS provides practical pointers on how intellectual property and R&D teams can work in tandem to unlock tangible benefits and avoid wasted spend
Sponsored by CAS
CAS explores how AI is transforming intellectual property, from inventorship and copyright disputes to new demands on patent attorneys
Sponsored by That.Legal
Gillian Tan of That.Legal discusses a recent decision by the Intellectual Property Office of Singapore and what it reveals about the evidential burden in bad-faith trademark claims
Attorneys at Di Blasi, Parente & Associados share how the protection of trade secrets strengthens innovation by bringing together legal practice, regulatory developments, and established international references
Jin Ooi, who joins as a partner today, said he is excited to offer a ‘rounded’ IP service as the firm deepens its litigation expertise in the UK and Europe
As generics celebrate, practitioners believe innovator companies should brace for an ‘uphill battle’ when trying to prove induced infringement
A team from Cooley shares how they overturned a massive damages award by emphasising that the opposing company’s trade secrets claims were time-barred
Sponsored by Licks Attorneys
Eduardo Hallak, Rafaella Oliveira, and Laís Souza of Licks Attorneys explain how the provision operates in practice, highlighting evidential hurdles and best practices for patent applicants
Gift this article