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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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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There are only two rules for an evening drink: it must be bitter, and it must be cold

A Negroni is the aperitif of choice in bars everywhere from London to Palermo - and no wonder.

The aperitif has the odd distinction of being the only alcohol that can always rely on a sober audience: it is the opener, the stimulant, a spur to the appetite for good food and good conversation. This preparatory beverage is considered the height of sophistication, and certainly nobody labouring in field or factory ever required a pep to their evening appetite. Still, to take a drink before one starts drinking is hardly clever behaviour. So why do it?

One reason is surely the wish to separate the working day from the evening’s leisure, an increasingly pressing matter as we lose the ability to switch off. This may change the nature of the aperitif, which was generally supposed to be light, in alcohol and character. Once, one was expected to quaff a pre-dinner drink and go in to dine with faculties and taste buds intact; now, it might be more important for those who want an uninterrupted meal to get preprandially plastered. That way, your colleagues may contact you but they won’t get much sense out of you, and pretty soon they’ll give up and bother someone else.

The nicest thing about the aperitif, and the most dangerous, is that it doesn’t follow rules. It’s meant to be low in alcohol, but nobody ever accused a gin and tonic or a Negroni (Campari, gin and vermouth in equal portions) of that failing; and sherry, which is a fabulous aperitif (not least because you can keep drinking it until the meal or the bottle ends), has more degrees of alcohol than most wines. An aperitif should not be heavily perfumed or flavoured, for fear of spoiling your palate, yet some people love pastis, the French aniseed drink that goes cloudy in water, and that you can practically smell across the Channel. They say the scent actually enhances appetite.

Really only two rules apply. An aperitif should be bitter – or, at any rate, it shouldn’t be sweet, whatever the fans of red vermouth may tell you. And it must be cold. Warm drinks such as Cognac and port are for after dinner. Not for nothing did Édith Piaf warble, in “Mon apéro”, about drowning her amorous disappointments in aperitifs: fail to cool your passions before sharing a table, and you belong with the barbarians.

On the other hand, conversing with your nearest over a small snack and an appropriate beverage, beyond the office and before the courtesies and complications of the dinner table, is the essence of cultured behaviour. If, as is sometimes thought, civilisation has a pinnacle, surely it has a chilled apéro carefully balanced on top.

The received wisdom is that the French and Italians, with their apéritifs and aperitivos, are the experts in these kinds of drinks. Certainly the latter are partial to their Aperol spritzes, and the former to such horrid, wine-based tipples as Lillet and Dubonnet. But the English are good at gin and the Americans invented the Martini. As for Spain, tapas were originally snacks atop a covering that kept the flies out of one’s pre-dinner drink: tapa means lid.

Everywhere, it seems, as evening approaches, people crave a drink that in turn will make them salivate: bitterness, the experts tell us, prepares the mouth to welcome food. The word “bitter” may come from “bite”, in which case the aperitif’s place before dinner is assured.

I like to think that a good one enables the drinker to drown all sour feelings, and go in to dinner cleansed and purified. Fanciful, perhaps. But what better lure to fancy than a beverage that exists only to bring on the evening’s pleasures?

Nina Caplan is the Louis Roederer Pio Cesare Food and Wine Writer of the Year

Nina Caplan is the 2014 Fortnum & Mason Drink Writer of the Year and 2014 Louis Roederer International Wine Columnist of the Year for her columns on drink in the New Statesman. She tweets as @NinaCaplan.

This article first appeared in the 22 September 2016 issue of the New Statesman, The New Times