Copyright for a digital age

A rethinking of intellectual property law is long overdue.

We live in a digital age and therefore we should have a fully functioning knowledge-based economy. Why then do we remain saddled with a copyright framework more suited to the 19th century than the 21st?

At the British Library we estimate that by 2020 75 per cent of all books and journals will be published in digital form.  Add to that the exponential growth of the internet and the explosion of mobile technology, and we see that the world is a dramatically different place to the 1980s (the era of the Betamax and personal cassette recorder) when the last major change to copyright legislation took place. 

If through modernising UK copyright law, barriers preventing lawful digital access to a wide range of information can be lowered, UK researchers will have a new world of resources opened up to them, and the speed of discoveries and innovation will be accelerated. For example Japanese and American researchers – industrial or academic – can "mine" information lawfully from the internet and scientific journals there, but in spite of the explosion in “big data” in the UK we cannot. 

Previous governments over the past decade failed to cover themselves in glory when it came to updating UK copyright law. We had four reviews in six years and very little progress since. It is in this context that the efforts of the current government should be applauded. Last year’s Hargreaves review of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.  As a package, it aims to make the most of new opportunities provided by technological advancements.

The Library recognises that many groups have a stake in this debate: from authors and publishers to the creative industries, higher education and the general taxpaying public.  Copyright reform is clearly an issue with many dimensions and many competing views. Yet it must reflect the realities of the day and we believe the benefits of reform would serve the widest interests of society and enable growth.

The British Library is looking at ways not only to increase access to our 20th-century collections, but also increase access in a way that meets the demands of 21st-century users.  Digitisation therefore plays a massive part in the Library’s current thinking.

However while the National Library of Norway is making all 20th-century Norwegian publications available online, and in France similar moves are afoot, due to UK copyright law this sort of ambition is impossible for the UK research sector in 2012. The need to get permission item by item (taking on average 4 hours per book) means that it would take a digitisation project of 500,000 items over a thousand years of rights clearance work. Even at the end of this we estimate over 40 per cent of the works would be “orphan”, that is to say the rightsholder would not have been identified or located.

Parliament is currently considering the Enterprise and Regulatory Reform Bill, which goes some way towards implementing Professor Hargreaves’s recommendations. This includes licensing of orphan works and also introduces Extended Collective Licensing – a way of streamlining rights clearance en masse and a decades old feature of Scandinavian copyright regimes. Both these things are also currently being consulted on by the US Copyright Office. 

The Library has been supporting the legislation with one minor proviso: that in the case of orphan works, we can provide payment to rightsholders if and when they appear, rather than handing money over in advance to a governmental fund that will only rarely be used. 

All this adds up to very good news. It proposes a way forward that clears the path for mass digitisation while providing safeguards and guaranteeing remuneration for copyright holders. 

The government has also promised a future announcement on updating copyright limitations and exceptions – which in the UK are far behind those of other developed nations.  For example, copying sound recordings and film for personal research or preservation reasons is currently not permitted.  Additionally, in the age of “Big Data”, allowing text mining of information you have bought or have legal access to would be hugely beneficial to the research and technology sectors, improving Britain’s international competitiveness greatly.

The Library is hopeful for progress but past experience of delays and derailments means our optimism remains cautious.  By keeping this round of copyright reform alive – and with the level of ambition imagined in Hargreaves – the government could truly unleash the potential of discovery, innovation and growth for everyone.

Benjamin White is head of intellectual property at the British Library.

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Shell-shock symphony: Berg’s Wozzeck – opera’s take on post-traumatic stress disorder

Begun in 1914 and premiered in 1925, Wozzeck has class struggle, poverty and mental health problems as its principal subjects.

When I was 12 years old, I made a devastating discovery. The arias from my favourite operas – Rigoletto, Turandot, The Barber of Seville – which I played over and over again, winding and rewinding the cassettes ­until they ceased to work, did not ­necessarily have words that matched the beauty of the music. Intense study of a book I had received for Christmas called Stories from Opera taught me that although some of the soaring melodies I adored carried words about love, death, horror and tragedy, other lyrics, in translation, proved to be people agreeing where to meet later, or misremembering each other’s names.

This crushing disappointment came to mind again recently while I was listening to an edition of Radio 3’s Building a Library, a segment of its regular Saturday-morning CD review, in which new releases are compared and contrasted with archive recordings to find the best listening experience. The reviewer Gillian Moore was surveying the available recordings of Alban Berg’s Wozzeck. She gave credit to several English-language recordings for the clarity they offer newcomers to this work, but eventually concluded that she must recommend a version using the original German, because there were crucial aural elements that could not be reproduced without it.

Moore, now director of music at the Southbank Centre, chose to kick off a series of semi-staged concert performances of operas with Wozzeck. Although undoubtedly an opera, it was a far cry from the fairy stories and doomed romances that filled my pre-teen ears, but it worked surprisingly well stripped of scenery, costumes and other theatrical accoutrements.

Zurich Opera’s presentation placed importance on the orchestral score above all else, allowing its jagged and insistent lines to remind us that this is music born of the dark years between the world wars. Begun in 1914, but delayed while Berg served in the Austro-Hungarian army (it premiered in 1925), it has class struggle, poverty and mental health problems as its principal subjects. The score owes much to Berg’s fellow Viennese composers Gustav Mahler and Arnold Schoenberg (Mahler’s widow put up the money for the initial publication of the score). At times in this production, the orchestra was so utterly central that it felt like a symphony with singing, rather than vocal melodies with accompaniment.

The Wozzeck of the title is a poor soldier, flawed and dogged by madness and visions we would probably now see as signs of post-traumatic stress disorder. He scrapes a living for his girlfriend, Marie, and their son by humiliating himself before his military and class superiors (the Captain, the Doctor, the Drum Major) and by participating in degrading medical “experiments”. The star of the show, the German baritone Christian Gerhaher, had to withdraw at the last minute for health reasons, so the British singer Leigh Melrose stepped in to reprise his Wozzeck from the widely acclaimed 2013 ENO production. Despite performing from behind a music stand, Melrose acquitted himself well, handling the transitions between Berg’s three singing styles: “half-singing”, Sprechgesang (or “spoken singing”) and full vocalisation to great effect.

Gun-Brit Barkmin, with a severe Twenties bob and a flowing scarlet dress, was a superb Marie – alternately harsh and soft as the music demanded it, flirting destructively with the Drum Major while conveying how little choice she had in the matter. Of the ensemble, Lars Woldt’s Doctor particularly stood out, using the German libretto to drag every ounce of black comedy out of his character’s fascination with Wozzeck’s bodily functions. The high vocal standard proved Moore’s point about the necessity of the original German libretto – it is a difficult language to sing, because of all the harsh consonants and modified vowels, but when used expertly can be unendingly expressive. We hear this in the way the double “zz” of the title character’s name becomes a derisory bitten-off “tz” in the mouth of the Captain; and Wozzeck’s exclamation in Act I that “Du, der Platz ist verflucht!” sounds so much more accursed and deranged with all those consonants in such close proximity.

The German sociologist Theodor Adorno once called Berg “the foreign minister of the land of his dreams”, much to the composer’s amusement; but, hearing the score for Wozzeck laid so bare, you understand what Adorno meant. The incredible double crescendo on a single B from the orchestra after Wozzeck murders Marie – raised by the conductor Fabio Luisi in this performance to an unbearable volume before being allowed to die away – feels like music from an other-worldly nightmare. Yet, for the war-battered men who inspired Wozzeck, his tragic half-life was all too real.

Caroline Crampton is web editor of the New Statesman.

This article first appeared in the 08 October 2015 issue of the New Statesman, Putin vs Isis