stop confiscation of your property and Human Rights in the UK Enterprise and Regulatory Reform Bill

Much of what is written here is understandably difficult for those not familiar with copyright and the world that photographers inhabit. We have created this FAQ in order to make our proposal more approachable, and to answer criticism and objections. For ease of use we have divided this FAQ into sections:

This FAQ is being frequently updated and added to as our proposal evolves.

  • Why do we need a "National Cultural Archive"?
    If the cultural value of so-called Orphan Works is to be made available to the general public, academics and scholars, it must be done in a properly controlled and regulated manner. Furthermore, if current so-called Orphan Works are to be discovered and readopted by their owners and new so-called orphan works are not to be created, a Registry of some kind will be necessary in which their creators' and rights holders' details are recorded. If it is to be widely used, this Registry must be free to both submit works to and to use.

    This begs the question of how it is to be funded. Stop43's solution is that the Registry contain not only so-called orphan works but also works of known provenance that are available for commercial licensing and that it supports itself by way of a small percentage levy on every successful license transaction that it facilitates.
  • Is the NCA just for photographs?
    No. We envisage all suitable media being included, subject to the wishes of creators in those media and the specific ways in which those media are used.
  • Who should submit their creations to the National Cultural archive?
    Anyone. Public collections, commercial image libraries, sound libraries, individuals, small creative businesses, newspapers, amateurs, professionals, organisations that accept submissions from the public. All would have to agree to be bound by the NCA's technical and administrative requirements and Code of Conduct.
  • Is the NCA only for Orphan Works?
    No. It is for all works, both so-called orphan works and works for which the creators and rights holders are known and can be contacted.
  • Who will pay for it?
    As we envisage it, it will be self-supporting by way of a small percentage levy on every successful license transaction that it facilitates. It will require some initial seed capital to set up, but this should be in the form of a repayable loan. Given that we intend the NCA to use existing digital infrastructure and technology and that nothing requires inventing, we expect its setup costs to be relatively modest.

    Being an entirely voluntary effort with no external funding, Stop43 are unfortunately unable to undertake the research necessary to realistically estimate the NCA's setup and running costs and would welcome assistance from properly funded bodies in this regard.