Skip to main content

DACS urges parliamentarians to maintain a strong and fair IP framework

A woman in front of a podium speaking to an audience
Margaret Heffernan speaking at British IP Day 2024

At the British IP Day parliamentary reception in Westminster, DACS Chair Margaret Heffernan urged policy-makers and parliamentarians to maintain the UK’s strong and fair IP framework in the face of challenges from the tech sector in her speech listened to by the Minister for AI and Digital Government, Feryal Clark MP and Minister of State for Data Protection and Telecoms and Minister of State for Creative Industries, Arts and Tourism, Sir Chris Bryant MP.

Designers, photographers, painters, sculptors, and visual artists have to be able to own the work they make, to have it protected so that others can’t steal it. That’s the very least they should have a right to expect. And, like other workers, they should be fairly rewarded.

Margaret Heffernan
DACS Chair

For 40 years, DACS has been in the business of protecting the intellectual property of artists and creators for three fundamental reasons: firstly, it is essential to help artists be paid for their works, secondly, because for artists to be paid for their works they need to be able to protect their work, and thirdly because without IP protection, the value of their work, and the capacity of others to contribute to the rich arts ecosystem of this country dissipates at an alarming rate.

I’ve worked with many artists over my career and I’ve learned a lot from them. Their careers are mired in uncertainty; they start making work before being asked they take huge imaginative risks, invest vast amounts of time and, in the face of difficulty, they just keep going, all without any guarantee of reward or success. They are among the toughest, most resilient people I’ve ever worked with, anywhere.

They are the people who tell and memorialise our lived experience, who reflect back to us what we know and feel. Often ahead of the curve, photographers, illustrators, painters, sculptors articulate for us what we sense but can’t define: the stories of our lives. It’s no fluke that historians, wishing to chart the progress of a time or place, look to artists to see where change first began; because they sense and articulate our times before we even know where we are.

Nothing about this is easy, cheap or free. Artists pay for studio space, materials, assistance—and sometimes even heating. The most intrinsically motivated people on earth, they search constantly for new skills, tools, media to make their unique contribution to a millenium of culture that has given Britain its enormous allure: the soft power which draws the world to us, giving us respect and presence in the world.

Artists share many qualities with entrepreneurs; rife with ideas, they start before anyone asks them, learning whatever new skills are required to take their ideas further: negotiating, promoting, fostering new knowledge and networks. And all that without parental leave, sick pay and pensions that many of us in this room enjoy.

The phrase 'And So I Loved You!' in white neon lights over a black background
And So I Loved You! 2015 © Tracey Emin. All rights reserved, DACS/Artimage. Image courtesy Xavier Hufkens, Brussels. Photo: HV-studio, Brussels

And the public love them for it. We have some of the most visited galleries in the world, and in every town and city, art brings people together and it brings investment throughout the country.

From the newly re-opened Peace Museum in Bradford to the Young V&A in Bethnal Green, to the triumphant re-opening of the National Portrait Gallery, to Tracey Emin’s reinvigoration of Margate, the creativity and energy of artists brings energy and innovation to the economic, social, spiritual and intellectual growth of this nation. Daily.

But none of this is sustainable without the protections afforded by Intellectual Property law. Like other kinds of artists, designers, photographers, painters, sculptors, and visual artists have to be able to own the work they make, to have it protected so that others can’t steal it. That’s the very least they should have a right to expect. And, like other workers, they should be fairly rewarded. They may have more imaginative stamina than many of us—but they still need to eat, to pay rent, to have their value recognised. It’s hard to explain why all of us in this room should be paid for our work—but not the people who inspire so much love and pride.

So fair pay through royalties continues to play an essential role in keeping our world-renowned talent vital, committed, and alive.

Without appropriate protection, AI intrinsically threatens the centuries-old effectiveness of copyright.

Margaret Heffernan
DACS Chair

Each year DACS pays out around £17 million to over 90,000 artists of every kind. IP laws like the Artists’ Resale Right have proved regenerative, because the majority of artists and their estates don’t hoard their royalties but reinvest them into future work, making it accessible for the rest of us to relish.

But, we can’t afford to take this for granted. Over recent years, artists have faced a downturn in pay, with 2/3 of them saying pay conditions are making them consider leaving the sector. Many have left. Many more don’t think it’s worth trying.

And then we come to AI. Having run tech companies in the U.S., I’ve learned one thing: every new technology has a bright side—and a dark side. It is naïve and childish to imagine otherwise. AI, for all the promise that it brings, also brings danger and discouragement: in some areas, it has already destroyed 1000s of entry-level jobs which means that, for young artists, the first step on the ladder is now unreachable. And without appropriate protection, AI intrinsically threatens the centuries-old effectiveness of copyright.

If we want Britain to remain what it is today—a global beacon for inventiveness, originality and creativity—a strong, fair IP framework is crucial. Not just to protect the glories we already lay claim to, but to ensure that our generation, and generations that come after us, have a great story to tell.”

Read more

Related