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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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 Guardians of the Galaxy Vol 2, every other line reeks of a self-help manual

This lame sequel suggests the makers have largely forgotten why the original was so refreshing.

The 2014 romp Guardians of the Galaxy boasted the budget of a blockbuster and the soul of a B-movie. What that meant in practice was that audiences had to endure the same biff-pow battle scenes and retina-blistering effects as any space adventure, but they were rewarded with eccentric characters and tomfoolery for its own sake.

Despite the Marvel Studios imprimatur, the film showed the forces of intergalactic evil being fought not by superheroes, but by a ragtag band of bickering goofballs: Peter Quill (Chris Pratt), aka Star-Lord, a self-regarding rogue in the Han Solo mould; the green-faced alien Gamora (Zoe Saldana); Drax (Dave Bautista), a literal-minded hulk; Rocket, a racoon-like warrior (voiced by Bradley Cooper); and Groot, a piece of bark that says “I am Groot” over and over in the dulcet tones of Vin Diesel. Movies this odd don’t usually become $770m smash hits but this one did – deservedly.

Those characters return in Guardians of the Galaxy Vol 2 (the “Vol 2” reflects Peter’s love of mix-tapes) but the new film suggests the makers have largely forgotten why the original was so refreshing. Gags are rehashed; several sequences (including an interminable slow-motion section involving a laser-powered arrow) are dragged way beyond their desirable lifespan. Late in the day, Rocket tells his shipmates that they have too many issues, which rather pinpoints the problem with the screenplay by the director, James Gunn. Gunn has saddled his characters with unreasonable baggage, all of it relating to family and belonging. No matter how far into space they travel, all roads lead back to the therapist’s couch.

Peter, raised by his late mother, is delighted when Ego (Kurt Russell) materialises claiming to be the father he never knew. The old man makes grand pronouncements, only to undercut them within seconds (“’Scuse me, gotta take a whizz”) but, on the plus side, he has his own planet and pulls the whole “One day, son, all this will be yours” shtick. Gamora also has family business to contend with. Her blue-skinned sister, Nebula (Karen Gillan), wants to kill her: Nebula has never quite got over Gamora being Daddy’s favourite. To be fair, though, he did force them to fight one another, replacing parts of Nebula’s body with metal whenever she lost, so it’s not like we’re talking about only one sister being allowed to watch Top of the Pops.

The more Peter gets to know Ego, the less admirable he seems as a father, and soon we are in the familiar territory of having parenting lessons administered by a Hollywood blockbuster. The reason for this became obvious decades ago: the film industry is populated by overworked executives who never get to see their children, or don’t want to, and so compensate by greenlighting movies about what it means to be a good parent. Every other line here reeks of the self-help manual. “Please give me the chance to be the father your mother wanted me to be,” Ego pleads. Even a minor character gets to pause the action to say: “I ain’t done nothing right my whole life.” It’s dispiriting to settle down for a Guardians of the Galaxy picture only to find you’re watching Field of Dreams with added asteroids.

Vol 2 gets by for an hour or so on some batty gags (Gamora misremembering the plot and star of Knight Rider is an especially juicy one) and on the energising power of Scott Chambliss’s glorious production design. The combination of the hi-tech and the trashy gives the film the appearance of a multimillion-dollar carnival taking place in a junkyard. Spectacular battles are shot through scuffed and scratched windscreens, and there are spacesuits cobbled together from tin pots and bubble-wrap. This is consistent with the kitschfests that inspired the Guardians aesthetic: 1980s science-fiction delights such as Flash Gordon, Spacehunter: Adventures in the Forbidden Zone and The Adventures of Buckaroo Banzai Across the 8th Dimension.

If only Vol 2 had mimicked their levity and brevity. Gunn ends his overlong movie with a bomb being attached to a giant brain, but this is wishful thinking on his part. He hasn’t blown our minds at all. It’s just a mild case of concussion. 

Ryan Gilbey is the New Statesman's film critic. He is also the author of It Don't Worry Me (Faber), about 1970s US cinema, and a study of Groundhog Day in the "Modern Classics" series (BFI Publishing). He was named reviewer of the year in the 2007 Press Gazette awards.

This article first appeared in the 27 April 2017 issue of the New Statesman, Cool Britannia 20 Years On

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