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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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

Inside Syria's unending siege, civilians, not soldiers, are the victims

In Aleppo, civilian strife is just another tool of war.

Maria is a young mother who lives in Aleppo. She missed her opportunity to flee when the Syrian-Turkish border was closed to all but the seriously injured in early 2015. With her two children – Fadi, aged five, and Sama, aged nine – she stayed in the city.

Maria’s husband was killed by a barrel bomb that fell on their neighbourhood in 2014. After that, she took the children and moved in with her husband’s family. Her married brother-in-law asked her to be his second wife. She accepted the offer for the sake of security. This year he, too, was killed when a bomb fell on his shop.

Speaking to her on Skype, I referred to Aleppo as a city under siege and she quickly corrected me. “The city is not under siege,” she said. “We are human beings under siege.” Maria clearly felt offended by my words. She moved the conversation on to the images of a young Syrian boy, sitting in an ambulance, which have appeared on newspaper front pages around the world – a symbol of the human suffering in Aleppo. “What can I say? His silence and shock reflected all the pain of Syrians.”

Tearfully, she described her living conditions. “There are two widows, with three children, who live all together with our old mother-in-law. The good people around us try to give us food and clothing.”

She added: “Before, I used to cook a big meal for me and my family-in-law every day. My late husband was well off.” The children don’t go to school but they get some lessons at home – Maria used to work as an Arabic language teacher at a high school in the city.

The household’s other widow, Safaa, joined our conversation. “Since the first day of Eid ul-Fitr [the festival that marks the end of Ramadan, this year on 6 July], the siege began in Aleppo. There was no food or water. Children cried and could not sleep because of hunger.”

Safaa made food from pulses that she had managed to save, particularly lentils. As the area around the city is rich in olives and well known for producing za’atar herbs, the extended family depended on reserves of these for nutrition. “Al-za’atar al-akhdar [a dish of the herb, olive oil and a few other basic ingredients] has saved the reputation of Aleppo and its people,” Safaa joked, and both women laughed.

Then, suddenly, the Skype connection was lost and they both disappeared.

Another Aleppo native to whom I spoke, Ayham, described his desperation as he finished his engineering degree before fleeing Syria. “I am my mother’s only son, so I didn’t want to do military service, and I left, as I felt so insecure,” he told me. He had been living in Shahbaa, a neighbourhood controlled by Bashar al-Assad’s regime, while completing one application after another to study abroad. Eventually he was successful and he has now made it to a university in Europe.

Ayham’s parents were pushing him to leave because they knew that he was part of an underground anti-Assad protest movement. “There are two Aleppos,” he explained. “One is free and the other is controlled by Assad’s regime. Both are very unsafe . . . Living hungry was easier than living under threat.”

There are roughly two million people in the city, most of them women and children. Since the second day of the siege, there have been no fruit or vegetables available and only a few bakeries are producing bread. Compounding the starvation, the bombing has been intense, hitting hospitals, ambulances, blood banks and the Syrian Civil Defence base. Assad’s regime is targeting vital resources for civilians.
Even after rebel forces, in co-operation with the Islamist faction Jaish al-Fateh, managed partly to break the siege and open a new road into the south of the city through the Ramoussa area, they could not bring in enough food. The little that made it inside immediately sent prices soaring. Civilians could not use this road to escape – jets were targeting the routes in and out.

The eastern areas of Aleppo, which are still under the opposition’s control, are also still without aid, because of how risky it is to get there. All the talk coming out of the city today is about decisive battles between Assad’s forces and the rebels in the southern quarters. Civilians put the recent air strikes down to these conflicts – it has long been believed that when the regime loses ground, it intensifies its bombing as revenge, and to send a message to those who continue to resist.

People in Aleppo and the north-eastern territories of Syria are suffering and dying. They have no other choice. It seems that both Isis and the Assad regime are trying as hard as they can to destroy Syrian civilians, whether through direct attacks or by gradual starvation.

There is little information available, as both sides attempt to prevent the media from documenting life under siege. Isis accuses journalists of being agents of Assad, while the regime portrays reporters as terrorists. Pro-Assad social media accounts have alleged that Mahmoud Raslan, who took the footage of the boy in the ambulance, has links with terrorism. The same channels have yet to say much about Raslan’s subject – Omran Daqneesh, the five-year-old whom he showed, bloodied and stunned, after the boy was pulled from the rubble caused by multiple air strikes. Omran’s ten-year-old brother, Ali, has since died from injuries sustained in another attack.

After four hours, I heard back from Maria. She apologised for losing the connection and asked me not to worry about her. “All of us are fine. We did not die yet,” she said. Her daughter, Sama, has not been to school since last year, she told me, and now studies only Arabic poetry. They have no books, so she depends on the verses that Maria knows by heart. Sama misses her school and her friends, and though she remembers their faces she has forgotten their names.

Maria has made a doll for her out of scraps of fabric and they call it Salwa. Together, they sing Syrian folk songs for the doll, in particular one that goes: “Hey Salwa, why are you crying? I need a friend.” Maria is resigned. As she says, “We are back in the Stone Age.” 

K S is a Syrian journalist, based in Sweden since 2014

This article first appeared in the 25 August 2016 issue of the New Statesman, Cameron: the legacy of a loser