IP laws should now focus on the future

IP is not just about music, or even films

Contrary to appearances, intellectual property (IP) is not all about music. Or even films.

Following the publication of the government’s creative industries strategy last week ­ with its proposals for IP legislation to close loopholes that have proved impossible to manage with voluntary co-operation by ISPs ­ it might look as if the main focus is on the music industry.

Clearly, illegal downloads is an issue that needs to be addressed.

But IP laws have a far wider remit than just the traditional arts. And the implications for less obvious sectors ­ mostly notably software development ­ will be ignored at our economic peril.

Copyright laws have an enormous impact on programmers of all types ­ affecting contractors’ rights to the code they write, the legality of application program interfaces, and how collaboration between different people and different technology platforms can be managed.

Last week’s momentous decision, from famously secretive Microsoft, to publish unprecedented details of its APIs shows that even those with vested interests can see which way the wind is blowing.

Not only is it possible to retain IP rights while being more collaborative, the changes reflect a recognition that in the web-enabled world it is not only impractical to keep oneself to oneself, it will also spell commercial death.

Under the current legal framework, a 16-year old can write an application for Facebook because all the interfaces are open and free. Create tortuous legal requirements, and Facebook and its ilk will suffer.

The government is right to look seriously at IP. Copyright is central to the commercialisation of creativity, which is increasingly at the heart of the UK’s economic success. But equally, the government must look forward, not back.

The music industry must take responsibility for its own problems. It would be a tragedy indeed if the industries of tomorrow were strangled by legislation misguidedly trying to save the industries of yesterday.