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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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.

A young woman reading an e-book (Photograph: Getty Images)
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Paula Hawkins: a pulp-feminist follow-up on The Girl on the Train

Hawkins’s writing displays a suspicion of power, especially male power, though she is also eager to identify moments of female collusion in misogyny. 

A couple of years ago, Paula Hawkins, an Oxford graduate with a run of chick-lit novels to her name (well, to her nom de plume Amy Silver), became the latest example of various splashy phenomena. Most obviously, The Girl on the Train, her first thriller, made Hawkins an out-of-nowhere, book-clubtastic, “movie rights gone in a flash” sensation, on the model of E L James. It also made Hawkins, who had formerly worked at the Times, one of those journalist-turned-juggernaut figures, like Robert Harris and Gillian Flynn, a beacon of light to every deadline-haunted hack.

Not so publicised was the kind of writer the book showed Hawkins to be. The Flynn comparisons were perfunctory, the overlap limited to shared use of multiple narrators and that not uncommon word, “girl”. A puff from Stephen King was a little more in tune with Hawkins’s sensibility, a taste for the Gothic intensities that lurk beneath the everyday; but King’s praise – it kept him up all night – still missed her strangest virtue: not the gift for making people turn a lot of pages and feel foggy on the next day’s commute, but for using the mystery thriller form as a back-door polemic, every revelation bringing an adjustment of world-view, every twist of the plot putting a spin on what we thought she thought. More striking than Hawkins’s late success or old career was her emergence as a new practitioner of feminist pulp, the sub-subgenre in which men destroy and women suffer, whose most recent classic had been Alice Sebold’s The Lovely Bones and whose presiding genius – its queen for fifty years and counting – is the hydra-headed literary combustion engine who usually signs herself Joyce Carol Oates.

Hawkins’s new novel, Into the Water, serves to make things clearer. It enables her readers to sketch a Venn diagram to identify what was incidental to The Girl on the Train – what merely helped to grease the wheels – and what she is obsessed with. Why call it an obsession and not a crutch, a formula, the hardening of habit? Not because what Hawkins is up to conflicts with readability – clearly that isn’t the case – but because she is building novels more intricate, more packed with implication, than readability demands.

Like The Girl on the Train, the new novel centres on a female victim with alleged deficiencies as a woman and mother. The body of Danielle “Nel” Abbott, a writer and photographer, is discovered in the part of a lake known as “the drowning pool”. Nel wasn’t much liked by the other local women. She had ideas above her station. She was a “slattern”. In fact, Nel’s death goes unmourned by everyone except her wild 15-year-old daughter, Lena, who is convinced her mother jumped, but for a good – withheld – reason. To Nel’s unmarried sister, Jules, who ignored a number of phone calls and messages, and who has travelled from London to watch over Lena and identify the body, Nel’s death is the final insult, another way of upsetting her existence.

Into the Water follows its predecessor in applying laser scrutiny to a small patch, but there are signs of growth and greater ambition. Last time the setting was a pair of houses on Blenheim Road, Bucks. Here it is the community of Beckford, a village in or near Northumberland, several hours’ drive from anywhere civilised – “if you consider Newcastle civilised”, in the words of one character. The Girl on the Train had three female narrators describing events, in mildly jagged order, that occurred across a single summer. The new novel features testimony from five characters, including Jules, Lena and the brother of Lena’s dead best friend, and provides close access, in the third person, to another five, including the best friend’s mother. Alongside these ten voices are sections narrated by Jules in 1993 – her experiences carry echoes of Stephen King’s Carrie – as well as passages from Nel’s unfinished manuscript: a photographic history of the Beckford lake called The Drowning Pool, containing a prologue and descriptions of three previous deaths, dating from 1920, 1983 and 1679.

The book isn’t free of cliché – the phrase “out of the woods” is not a reference to the rural setting – and some of Hawkins’s devices border on cheating. At various points a narrator starts talking about a previously shrouded incident soon after it has been revealed elsewhere, as if the characters were in cahoots, conspiring how best to frustrate the reader. There’s much recourse to the undefined event, the word “it”. (What?!) The outsider figure, Detective Sergeant Erin Morgan, is severely restricted in her role as a conduit for backstory. “Have you not seen any background on this?” her superior asks. No, she hasn’t. But Erin “should have been given the files”. Well, she wasn’t.

But most of the time, the novel is plausible and grimly gripping, and Hawkins plays fair. Characters aren’t only lying to us, they are often lying to themselves, or else they’re misinformed. The reader always knows more than any one character but never knows all that a character knows, and Hawkins trusts that the promise of enlightenment is sufficiently seductive to deliver information by the drip.

So, Into the Water is on a par with The Girl on a Train – and of a piece with it, too. Hawkins’s writing displays a suspicion of power, especially male power, though she is also eager to identify moments of female collusion not just in patriarchal structures, but in misogyny. The blame lies with men, who react with violence and psychological abuse to the perceived threat of a woman’s independence. But one of the main products of this mistreatment is that the female characters overlook the role played by such damage when considering other women’s behaviour and subscribe instead to a male-sanctioned narrative of stubborn irrationality or wilful coldness.

Hawkins seems more engaged with the second part of the equation, the way that women see themselves and each other. The radicalism of The Girl on the Train and Into the Water depends partly on the persuasive depiction of figures such as (in Girl) the pathetic drunk and the unrepentant home-wrecker, and in the new novel the money-grabbing mystic, the joyless spinster, the trouble-making man-eater. Then Hawkins exposes the truth behind the cardboard, the way these images have been constructed and perpetuated. Her plotting works as an ambush and also as a rebuke. “You didn’t believe that nonsense, did you?” she seems to be saying. “Oh, you did – and here’s why.”

The effect is less patronising than perhaps it sounds. The rebuke is aimed at the reader not as a citizen but as a participant in the thriller tradition. After all, the victim who deserved it is a familiar character: we have little trouble believing the type. Hawkins has set herself the challenge of adding a third dimension to the dramatis personae bequeathed by Agatha Christie and Raymond Chandler. We are accustomed to characters shifting shape as a story develops. The obvious suspect – twitchy, tattooed, alibi-less – was all along a Good Samaritan; the spotless widow has a cellar full of skulls. Hawkins goes further, showing how narrative presumptions betray unconscious beliefs, upending clichés of other people’s making. You might dismiss her as a killjoy if she wasn’t so addictive. 

Leo Robson is the lead fiction reviewer for the New Statesman.

This article first appeared in the 20 April 2017 issue of the New Statesman, May's gamble

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