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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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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The end of solitude: in a hyperconnected world, are we losing the art of being alone?

In the end, Solitude feels a bit like an amiable cop-out. 

Michael Harris is a Canadian writer who lives in a big city and whose life is defined and circumscribed, as so many Western lives are now, by digital technologies. He finds it hard to leave his phone at home in case he misses anything. He worries about his social media reputation. He uses apps and plays games, and relies on the internet hive mind to tell him which films to watch or where to eat. Here is what happens when he goes on holiday to Paris:

Disembarking from the train from London, I invited a friendly app to guide me to a hotel near the Pompidou . . . The next morning, Yelp guided me towards a charming café in the Marais. There, wizard-like, I held my phone over the menu and waited for Google Translate to melt the words into English. When the waiter arrived, I spoke into my phone and had it repeat my words to the grinning garçon in a soft, robotic French. Later, at the Louvre, I allowed a Nintendo-sponsored guidance system to track my steps up the centuries-old Daru staircase as I squinted confusedly at its glowing blue you-are-here dot . . .

Terrifying, isn’t it? Well, I thought so as I read it, and Harris thought so afterwards. It was situations like this, during which he realised that his life was controlled, confined and monitored by distancing technologies, that led him to wonder whether solitude – the act and the art of being alone – was in danger of disappearing.

Harris has an intuition that being alone with ourselves, paying attention to inner silence and being able to experience outer silence, is an essential part of being human. He can remember how it felt to do this, before the internet brought its social anxiety and addiction into his life. “I began to remember,” he writes, “a calm separateness, a sureness I once could live inside for an easy hour at a time.”

What happens when that calm separateness is destroyed by the internet of everything, by big-city living, by the relentless compulsion to be with others, in touch, all the time? Plenty of people know the answer already, or would do if they were paying attention to the question. Nearly half of all Americans, Harris tells us, now sleep with their smartphones on their bedside table, and 80 per cent are on their phone within 15 minutes of waking up. Three-quarters of adults use social networking sites regularly. But this is peanuts compared to the galloping development of the so-called Internet of Things. Within the next few years, anything from 30 to 50 billion objects, from cars to shirts to bottles of shampoo, will be connected to the net. The internet will be all around you, whether you want it or not, and you will be caught in its mesh like a fly. It’s not called the web for nothing.

I may not be the ideal reader for this book. By page 20, after a few more facts of this sort, I had already found myself scrawling “Kill everyone!” in the margins. This is not really the author’s fault. I often start behaving like this whenever I’m forced to read a list of ways in which digital technology is wrecking human existence. There are lots of lists like this around at the moment, because the galloping, thoughtless, ongoing rush to connect everything to the web has overcome our society like a disease. Did you know that cows are now connected to the internet? On page 20, Harris tells us that some Swiss dairy cows, sim cards implanted in their necks, send text messages to their farmers when they are on heat and ready to be inseminated. If this doesn’t bring out your inner Unabomber, you’re probably beyond help. Or maybe I am.

What is the problem here? Why does this bother me, and why does it bother Harris? The answer is that all of these things intrude upon, and threaten to destroy, something ancient and hard to define, which is also the source of much of our creativity and the essence of our humanity. “Solitude,” Harris writes, “is a resource.” He likens it to an ecological niche, within which grow new ideas, an understanding of the self and therefore an understanding of others.

The book is full of examples of the genius that springs from silent and solitary moments. Beethoven, Dostoevsky, Kafka, Einstein, Newton – all developed their ideas and approach by withdrawing from the crowd. Peter Higgs, the Nobel ­Prizewinner who discovered the Higgs boson particle, did his best work in peace and solitude in the 1960s. He suggests that what he did then would be impossible today, because it is now virtually impossible to find such solitude in the field of science.

Collaboration, not individuality, is fetishised today, in business as in science and the arts, but Harris warns that collaboration often results in conformism. In the company of others, most of us succumb to pressure to go with the crowd. Alone, we have more chance to be thoughtful, to see differently, to enter a place where we feel free from the mob to moderate our unique experience of the world. Without solitude, he writes, genius – which ultimately springs from different ways of thinking and seeing – becomes impossible. If Thoreau’s cabin in the woods had had wifi, we would never have got Walden.

Yet it is not only geniuses who have a problem: ordinary minds like yours and mine are threatened by the hypersocial nature of always-on urbanity. A ­civilisation can be judged by the quality of its daydreams, Harris suggests. Who daydreams now? Instead of staring out of the window on a train, heads are buried in smartphones, or wired to the audio of a streaming film. Instead of idling at the bus stop, people are loading up entertainment: mobile games from King, the maker of Candy Crush, were played by 1.6 billion times every day in the first quarter of 2015 alone.

If you’ve ever wondered at the behaviour of those lines of people at the train station or in the street or in the café, heads buried in their phones like zombies, unable or unwilling to look up, Harris confirms your worst fears. The developers of apps and games and social media sites are dedicated to trapping us in what are called ludic loops. These are short cycles of repeated actions which feed our brain’s desire for reward. Every point you score, every candy you crush, every retweet you get gives your brain a dopamine hit that keeps you coming back for more. You’re not having a bit of harmless fun: you are an addict. A tech corporation has taken your solitude and monetised it. It’s not the game that is being played – it’s you.

So, what is to be done about all this? That’s the multibillion-dollar question, but it is one the book cannot answer. Harris spends many pages putting together a case for the importance of solitude and examining the forces that splinter it today. Yet he also seems torn in determining how much of it he wants and can cope with. He can see the damage being done by the always-on world but he lives in the heart of it, all his friends are part of it, and he doesn’t want to stray too far away. He understands the value of being alone but doesn’t like it much, or want to experience it too often. He’ll stop checking his Twitter analytics but he won’t close down his account.

At the end of the book, Harris retreats, Thoreau-like, to a cabin in the woods for a week. As I read this brief last chapter, I found myself wishing it was the first, that he had spent more time in the cabin, that he had been starker and more exploratory, that he had gone further. Who will write a Walden for the Internet Age? This book is thick with fact and argument and some fine writing, but there is a depth that the author seems afraid to plumb. Perhaps he is afraid of what he might find down there.

In the end, Solitude feels a bit like an amiable cop-out. After 200 pages of increasingly disturbing facts about the impact of technology and crowded city living on everything from our reading habits to our ability to form friendships, and after warning us on the very last page that we risk making “an Easter Island of the mind”, the author goes back home to Vancouver, tells his boyfriend that he missed him, and then . . . well, then what? We don’t know. The book just ends. We are left with the impression that the pile-up of evidence leads to a conclusion too vast for the author, and perhaps his readers, to take in, because to do that would be to challenge everything.

In this, Solitude mirrors the structure of many other books of its type: the Non-Fiction Warning Book (NFWB), we might call it. It takes a subject – disappearing childhood; disappearing solitude; disappearing wilderness; disappearing anything, there’s so much to choose from – trots us through several hundred pages of anecdotes, science,
interviews and stories, all of which build up to the inescapable conclusion that everything is screwed . . . and then pulls back. It’s like being teased by an expert hustler. Yes, technology is undermining our sense of self and creating havoc for our relationships with others, but the solution is not to stop using it, just to moderate it. Yes, overcrowded cities are destroying our minds and Planet Earth, but the solution is not to get out of the cities: it’s to moderate them in some way, somehow.

Moderation is always the demand of the NFWB, aimed as it is at mainstream readers who would like things to get better but who don’t really want to change much – or don’t know how to. This is not to condemn Harris, or his argument: most of us don’t want to change much or know how to. What books of this kind are dealing with is the problem of modernity, which is intractable and not open to moderation. Have a week away from your screen if you like, but the theft of human freedom by the machine will continue without you. The poet Robinson Jeffers once wrote about sitting on a mountain and looking down on the lights of a city, and being put in mind of a purse seine net, in which sardines swim unwittingly into a giant bag, which is then drawn tightly around them. “I thought, We have geared the machines and locked all together into interdependence; we have built the great cities; now/There is no escape,” he wrote. “The circle is closed, and the net/Is being hauled in.”

Under the circumstances – and these are our circumstances – the only honest conclusion to draw is that the problem, which is caused primarily by the technological direction of our society, is going to get worse. There is no credible scenario in which we can continue in the same direction and not see the problem of solitude, or lack of it, continue to deepen.

Knowing this, how can Harris just go home after a week away, drop off his bag and settle back into his hyperconnected city life? Does he not have a duty to rebel, and to tell us to rebel? Perhaps. The problem for this author is our shared problem, however, at a time in history when the dystopian predictions of Brave New World are already looking antiquated. Even if Harris wanted to rebel, he wouldn’t know how, because none of us would. Short of a collapse so severe that the electricity goes off permanently, there is no escape from what the tech corporations and their tame hive mind have planned for us. The circle is closed, and the net is being hauled in. May as well play another round of Candy Crush while we wait to be dragged up on to the deck. 

Paul Kingsnorth's latest book, “Confessions of a Recovering Environmentalist” (Faber & Faber)

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

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