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

The New Thinking: a proposal to replace Clause 43

Since the completion of our successful campaign to remove Clause 43 from the Digital Economy Bill, Stop43 have not been idle.

Clause 43’s provisions were and continue to be ardently desired by many sections of “the creative industries” and others, not least because they stood to make or save a great deal of money from using our so-called orphan works. Consequently, our efforts continue to replace the inequitable and unworkable proposals contained in the failed Clause 43 with New Thinking, which we believe should benefit everyone.


“We propose to allow “cultural use” of so-called orphan works and for this cultural use to switch all other uses and users to “known” works, to stimulate cultural and economic activity to the benefit of everyone.

To enable this we propose some changes to current copyright law and the establishment of a National Cultural Archive, which must be free to use.”


This proposal was first presented at the 2nd National Photography Symposium on 8th May 2010. At the end of the presentation a vote was called, asking the audience if they supported the proposal in principle. They expressed almost unanimous support.

When evaluating this proposal, please do not focus on single points out of context. This proposal is a system. Please ensure that you have grasped its systemic nature before evaluating it. Constructive criticism on this basis is welcome; the proposal needs any weaknesses identifying and rectifying.

This is the first draft of a work in progress. A PDF version is now available (8.5MB). We invite positive criticism, comment and help, and a mailing list to facilitate this will also be available shortly.