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 2025

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

In-house counsel explain why firms should provide risk management advice that helps them achieve their goals
Attorneys at four firms explain the AI trends they expect in the future, including a potential shift in who plaintiffs sue for copyright infringement
The dispute at the Intellectual Property Enterprise Court pits Dryrobe against D-Robe and will include a ‘genericide’ element
Novo Nordisk losing patent rights covering Ozempic in Canada and a US Supreme Court decision favouring Ed Sheeran were also among the top talking points
The court will hand down its ruling in Iconix v Dream Pairs on Tuesday, June 24, in a case that concerns post-sale confusion
Developments included a stay in a row concerning the UPC’s jurisdiction and a timeline for the rollout of the long-awaited new CMS
Jorg Thomaier, who has been head of IP at the German pharma company since 2010, will leave later this year and hand the reins to the company’s head of patents
Companies must conduct thorough IP due diligence – even if it may not be mandatory
Celia Cheah at Wong & Partners in Malaysia says she is aiming to tap into the Baker McKenzie member firm’s international network and expand its IP portfolio
A team of partners that joined Boies Schiller Flexner say they would like to double the firm’s patent litigation capabilities
Gift this article