Does existing UK copyright law adequately address the issue of copyright enforcement in the digital age?

Abstract

The legal landscape in the digital age of copyright law is one of confusion and discord. Effective enforcement is difficult against websites, cumbersome and overly complex against individuals and a near impossibility against the tech-savvy. Therefore legislators are always left playing catch-up to the unrelenting change in technology. In general, they seek to deal with the problem via new and increasingly stringent legislation.
This thesis analyses these issues by studying the current state of copyright law in the UK, alongside the series of government commissioned reports on reform in this area. The thesis considers whether or not there is an appropriate balance reached between rights holders and consumers, deducing that the balance is currently too much in favour of rights holders, while still being largely ineffectual when attempting to adequately enforce those rights. Having established that legislation alone is not enough to face the challenges of copyright enforcement, the thesis looks to alternative and complementary methods of improving the balance of rights between copyright holders and users and ensuring better enforcement. The tax/levy model represents a strong solution to the problem, alongside other alternative revenue systems. The thesis concludes that the problem of copyright enforcement cannot be solved by any one single solution: the needs of all parties must be met as much as possible in order to ensure a workable balance and provide a strong framework capable of facing the challenges of the digital age. A balance between legislation, alternative revenue streams and education may be the only effective and appropriate way forward.