Blog post by Stephen Wyber
World Intellectual Property Day marks the anniversary of the entry into force of the World Intellectual Property Organisation Convention, 55 years ago. As underlined on the WIPO website, it focuses on celebrating the value of a balanced intellectual property (IP) system that benefits creators and society at large.
In this, it arguably shares a goal with Knowledge Rights 21 (KR21), which exists to promote approaches to IP – and, in particular, copyright – that strike a sustainable and optimal balance between access and protection.
The Crucial Role of Governments in Shaping IP Laws
The role of government, and governments collectively in the form of WIPO, is particularly important here, as different players in the field have different goals.
To use economic vocabulary, there is a risk of market failure when private actors take decisions that do not internalise all the side-effects (externalities) of their actions. This includes the cost of not respecting rights on one side, as well as the cost of denying access or use on the other.
Governments, therefore, have a responsibility when designing IP laws to take account of these impacts in a way that best serves long-term policy goals, such as fostering strong education, research, and cultural sectors.
Finding the Right Balance: Beyond More Protection
The devil is, of course, in the details. As already highlighted in a blog earlier this year, finding this optimal approach will certainly mean rejecting arguments simply to add ever more protection. It also means seriously addressing the impact of contract terms and technological protection measures that undermine the efforts of legislators to create balance.
It also means reflecting on the impact of different forms of intellectual property, which act in different ways and where the structure of costs and benefits varies. As the blog underlined, given the impact of copyright on the ability to carry out research that leads to innovation, this needs to be approached in different ways than, for example, patents.
Why Research and Entertainment Require Distinct Approaches
A further consideration is about how copyright works in different sectors, given the way they are structured. KR21 has a particularly strong focus on research where, typically, creators are already paid through their institutions or in other ways, and often ultimately by taxpayers. The nature of the content produced is different, specifically designed to support further research and scientific progress.
This is very different from the model elsewhere, where content is intended rather for entertainment, not least music, and where those producing it in the first place depend on the revenues that they receive from sales or licensing. The rise of open science is a clear indication that many in the field recognise that closed/proprietary models are simply not appropriate, and KR21 actively supports this. The need for this distinction is particularly clear in debates on AI, where the voice of the music industry drowns out that of other sectors and interests, with potentially serious consequences.
Finally, it is crucial that decisions regarding the appropriate balance are based on evidence. Copyright has a rich folklore based on assumptions around the impacts of different activities – a key one being the idea that library loans cost sales, a point countered by a recent Libraries Connected report. This, too, is an area where KR21 is active both in supporting the collection and dissemination of evidence.
The Special Place of Music in Copyright Debates
Not to forget the theme of World IP Day this year – ‘Feel the Beat of IP’ – which focuses on music, it is worth taking a quick reminder about the specificities of music. Given its significant role in people’s lives, it is also a key part of the historical record, and therefore features strongly in many library collections. Similarly, many libraries play an active role in providing access to music and even supporting the emergence of new talent. These activities, together, help safeguard music for the future, as well as support its vibrancy and inclusivity today.
As such, it is important that IP laws also provide for balance here, ensuring that libraries are able to collect, preserve and give access to music collections. Given the many layers of rights that can exist in music – for writers, performers, producers and more – these provisions are particularly important to avoid libraries wasting significant time and effort on administration, rather than contributing to a healthy and vibrant music ecosystem.
So happy World (balanced) Intellectual Property Day!
26 April 2025
