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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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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In Kid Gloves, Knausgaardian style provides a route through a writer's grief

Adam Mars-Jones has created a clever, stoical and cool account of caring for a dying father.

In bookish circles, it’s pretty commonplace these days to remark on the way in which the spirit of the Norwegian writer Karl Ove Knausgaard hangs over our literary culture – noxious gas or enlivening blast of ­oxygen, depending on your point of view. Nor would I be the first critic to point out the similarities between his prolixity and that of the British novelist Adam Mars-Jones. Reviewing Knausgaard’s My Struggle in the New Yorker, James Wood likened its style – “hundreds of pages of autopsied minutiae” – to that of Mars-Jones’s novels Pilcrow and Cedilla, the first two volumes in a thus far unfinished project in “micro-realism”. But originality be damned: I’m going to say it anyway. As I read Mars-Jones’s new memoir, Kid Gloves: a Voyage Round My Father, it was Knausgaard I thought of repeatedly. Mostly, this was because I simply couldn’t believe I was so fascinated by a book that was at times so very boring.

Mars-Jones is by far the more elegant writer of the two. He is also feline where Knausgaard is only wide-eyed. Nevertheless, they clamber (slowly and with many pauses to consider the view) over comparable territory. What, after all, is Knausgaard’s account of the effect of milk on a bowl of ­cereal compared to Mars-Jones’s disquisition on the subject of orange juice? The Norwegian’s reverie is the longer of the two but it is Mars-Jones who is the more triumphantly banal. “Shopping on a Monday I saw a wide variety of types of orange juice on display in a supermarket and bought large quantities,” he writes early on. I love that “Monday” – it’s so precise. But it also prompts the question: which supermarket, exactly, was he in? Was it the same “large branch of Sainsbury’s” where, three paragraphs later, we find him picking up a carton of buttermilk?

You will think that I am taking the piss. I’m not – or not entirely. For all its pedantic weirdness, Mars-Jones’s memoir, clotted and rich and true, does its job rather well. As the subtitle suggests, at its heart is his tricky relationship with Sir William Mars-Jones, the high court judge who died in 1999. A clever man but also a difficult one (having made a bit of a leap in terms of education and social class, he clung rather ardently to certain comforting reflexes), he is brought to life vividly by his son, who often simply replays their most frustrating conversations. In doing so, Mars-Jones, Jr also tells us something of himself. He comes over as a bit silly and fastidious but also as clever, stoical, kindly and, above all, ever cool in the face of provocation. In this light, his Pooterish digressions are just another symptom of his unnervingly temperate personality, his clinical even-handedness.

His memoir is oddly artless, the stories tumbling out, one after another, like washing pulled from a machine. An account of his father’s better-known cases (he prosecuted in the Moors murders trial) shades into a detour on soup-making; an analysis of Sir William’s retirement – he gravitated, his son writes, towards the state of “inanition” – takes us, almost slyly, to an explanation of why Mars-Jones tenderly associates Badedas with shingles (a friend who had yet to discover he had Aids, of which shingles can be a symptom, bathed in it).

The reader waits, and waits, for the big scene, for the moment when Mars-Jones tells his father, a regular kind of homophobe, that he is gay. But in a strange way (it does arrive eventually) this is beside the point. From the outset, we know that it was Adam, not his brothers, who looked after his widowed father in his last days, sharing his flat in Gray’s Inn Square; so we know already that an accommodation has been reached, however horrifying Pater’s reaction was at the time. (Mars-Jones, Sr suggested that his son could not possibly be gay because, as a boy, he played with himself during a film starring Jacqueline Bisset; more cruelly, he delegated his clerk to research the possibilities of testosterone treatment for his son.) In any case, there is a universality here: for which of us, gay or not, hasn’t trembled on hearing our mother say, down the line from home, the dread phrase “Dad would like a word”?

After his father’s death, Mars-Jones attempts to continue to live in his parents’ home, insisting that the inn will have to evict him if it wants him gone. When it does turf him out, he writes a piece for the Times in which he denounces its members – in ­effect, his parents’ friends and neighbours. Is this just the response of a more than usually broke freelance writer? Or is it that of a man in deep grief?

Perhaps it’s both. Mars-Jones tells us quite a bit about his parlous finances but relatively little of his feelings of abandonment. He was closer to his mother. It is more than 15 years since his father died. And yet, here it is, his book. Those Knausgaardian impulses of his – perhaps they’re just displacement for his loss, word-fill for a void so unfathomably big that it still takes him by surprise, even now. 

Kid Gloves: a Voyage Round My Father is available now from Particular Books (£16.99)

Rachel Cooke trained as a reporter on The Sunday Times. She is now a writer at The Observer. In the 2006 British Press Awards, she was named Interviewer of the Year.

This article first appeared in the 27 August 2015 issue of the New Statesman, Isis and the new barbarism