Digitising copyrighted film, books and music is probably going to become legal - it's about time

On 5 December the House of Lords will debate proposals to modernise copyright law for the digital age. If carefully implemented, it will benefit researchers, institutions and creatives alike.

The House of Lords will soon debate Government proposals to modernise copyright to make it fit for the 21st century economy. The debate will come hard on the heels of a recent court ruling in the US which showed how quickly the divide between the UK and other markets could grow if opportunities to respond to digital innovation are not taken.

After nearly a decade of legal dispute, Judge Denny Chin ruled earlier this month that the Google Books project – which seeks to digitise, make searchable and viewable, small extracts of the world's printed heritage, including in-copyright material – is legal in the US. If upheld on appeal, this will be seen as a judgement of real significance. Our legal framework in the UK is very different, but in an increasingly connected global economy, we'd be wise to keep a close eye on what's happening in other major markets.

Copyright law moderates our use of information and knowledge, protecting the rights of creators while enabling appropriate use by others. In the UK, the latest attempts to modernise copyright have their roots in the 2011 Hargreaves Review, commissioned by the Prime Minister. The report had UK competitiveness at its heart, indicating where we could do more to support growth and innovation through the use of intellectual property.

Libraries play a unique role in the ecology of information and innovation. As a Legal Deposit library, the British Library has a double duty: to collect and preserve in perpetuity the work of creators and thinkers, and also to enable access to that intellectual heritage for researchers of all backgrounds who wish to study and make use of it. Librarians have an important role in copyright awareness, navigating this complex field of law for users of public libraries and the estimated 15 million people in education.

The new proposals for UK research in the Hargreaves Review are now being taken forward by the Government, and those relating to libraries and archives are especially important. Copying for digital preservation would become lawful, including sound recordings and film for the first time. For an institution that has to look decades, even centuries, into the future, this is vital.

Researchers would gain greater access to in-copyright sound and audiovisual material with the ability to copy sections of works for private, non-commercial purposes. It would also be possible to digitise in-copyright collections for visitors to use on library premises. And all of this could be done without the risk of being overridden with contracts.

Of course, these measures will be carefully and sensitively implemented. My own background is in media and broadcasting, and I believe the creative industries – authors, designers, filmmakers – are one of the UK’s greatest assets and success stories. Indeed, the British Library’s Reading Rooms are used on a daily basis by many from these sectors. The new copyright exceptions are not and cannot be about undermining the legitimate interests of creators. Rather, the goal is to foster an environment where knowledge can be accessed and used in ways that benefit researchers, creators, and the increasing number among us who are both.

Judge Chin argued that increasing access via Google Books is justifiable because of its potential to support the arts and sciences, to increase access to books and make them even more discoverable by readers, to support new kinds of research, and to stimulate new markets and sales.

The proposed UK changes are far more modest, and are in many ways introducing digital copyright norms that other countries adopted years ago. Without doubt, however, they would enable greater, proportionate access to knowledge than is currently possible. Lawfully building on the knowledge and creativity of others drives innovation and discovery. That should be seen as a good thing for UK culture, creativity, industry and the economy as a whole.

Roly Keating is Chief Executive of the British Library

Researchers accessing online archives at the British Library. Photograph: Peter Macdiarmid/Getty Images.

Roly Keating is Chief Executive of the British Library.

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Our union backed Brexit, but that doesn't mean scrapping freedom of movement

We can only improve the lives of our members, like those planning stike action at McDonalds, through solidarity.

The campaign to defend and extend free movement – highlighted by the launch of the Labour Campaign for Free Movement this month – is being seen in some circles as a back door strategy to re-run the EU referendum. If that was truly the case, then I don't think Unions like mine (the BFAWU) would be involved, especially as we campaigned to leave the EU ourselves.

In stark contrast to the rhetoric used by many sections of the Leave campaign, our argument wasn’t driven by fear and paranoia about migrant workers. A good number of the BFAWU’s membership is made up of workers not just from the EU, but from all corners of the world. They make a positive contribution to the industry that we represent. These people make a far larger and important contribution to our society and our communities than the wealthy Brexiteers, who sought to do nothing other than de-humanise them, cheered along by a rabid, right-wing press. 

Those who are calling for end to freedom of movement fail to realise that it’s people, rather than land and borders that makes the world we live in. Division works only in the interest of those that want to hold power, control, influence and wealth. Unfortunately, despite a rich history in terms of where division leads us, a good chunk of the UK population still falls for it. We believe that those who live and work here or in other countries should have their skills recognised and enjoy the same rights as those born in that country, including the democratic right to vote. 

Workers born outside of the UK contribute more than £328 million to the UK economy every day. Our NHS depends on their labour in order to keep it running; the leisure and hospitality industries depend on them in order to function; the food industry (including farming to a degree) is often propped up by their work.

The real architects of our misery and hardship reside in Westminster. It is they who introduced legislation designed to allow bosses to act with impunity and pay poverty wages. The only way we can really improve our lives is not as some would have you believe, by blaming other poor workers from other countries, it is through standing together in solidarity. By organising and combining that we become stronger as our fabulous members are showing through their decision to ballot for strike action in McDonalds.

Our members in McDonalds are both born in the UK and outside the UK, and where the bosses have separated groups of workers by pitting certain nationalities against each other, the workers organised have stood together and fought to win change for all, even organising themed social events to welcome each other in the face of the bosses ‘attempts to create divisions in the workplace.

Our union has held the long term view that we should have a planned economy with an ability to own and control the means of production. Our members saw the EU as a gravy train, working in the interests of wealthy elites and industrial scale tax avoidance. They felt that leaving the EU would give the UK the best opportunity to renationalise our key industries and begin a programme of manufacturing on a scale that would allow us to be self-sufficient and independent while enjoying solid trading relationships with other countries. Obviously, a key component in terms of facilitating this is continued freedom of movement.

Many of our members come from communities that voted to leave the EU. They are a reflection of real life that the movers and shakers in both the Leave and Remain campaigns took for granted. We weren’t surprised by the outcome of the EU referendum; after decades of politicians heaping blame on the EU for everything from the shape of fruit to personal hardship, what else could we possibly expect? However, we cannot allow migrant labour to remain as a political football to give succour to the prejudices of the uninformed. Given the same rights and freedoms as UK citizens, foreign workers have the ability to ensure that the UK actually makes a success of Brexit, one that benefits the many, rather than the few.

Ian Hodon is President of the Bakers and Allied Food Workers Union and founding signatory of the Labour Campaign for Free Movement.