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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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 Sad Part Was: this story collection puts the real Bangkok on display

Thai author Prabda Yoon descends into the voices and minds of a small cast of characters.

In Bangkok’s budding literary scene, Prabda Yoon sits at the centre. Born in 1973, he’s the scion of a well-known family (his father Suthichai Sae-Yoon is the co-founder of the Nation newspaper) and is known in Thailand as not only an enfant terrible of letters but as an illustrator, screen-writer and director (his first film, Motel Mist, was shown at European festivals in 2016).

His reputation rests mainly on a collection of short stories published in 2000 entitled in Thai Kwam Na Ja Pen, roughly translated as Probability, and it is from this early collection that most of the stories now collected in The Sad Part Was are derived. Translated with cool elegance by Mui Poopoksakul, they are among the first modern Thai stories to be published in the UK.

As Poopoksakul points out in her afterword, she and Yoon are the products of similar backgrounds and epochs: upper-middle class children of Bangkok who came to consciousness in the late Eighties and Nineties. Often foreign-educated, fluent in English and conversant in global pop culture and media – Yoon did a stint at Parsons in New York after prep school at the Cambridge School of Weston – this new generation of Thai writers and artists were born into a society changing so fast that they had to virtually invent a new language to transcribe it.

In The Sad Part Was, the result is stories that one could glibly label as “post-modern” but which, in reality, perfectly match the qualities of the megacity where they are set. Bangkok is infamously mired in lurid contradiction, but it’s also a city of subtle and distorted moods that journalism and film have hitherto mostly failed to capture. The whimsical and playful surfaces of these stories have to be read against the high-octane anxieties and surreal dislocations of what was, until recently, one of the fastest-growing cities in the world.

Yoon uses the short form of the ten-page story to descend into the voices and minds of a small cast of characters: a schoolgirl and a beautiful female teacher who form a platonic lesbian infatuation while riding a daily bus in “Miss Space”; a couple making love during a thunderstorm whose activities are interrupted by the dismantling of two giant letters, which fall onto their roof in “Something in the Air”; a young man who meets a mysterious older man in Lumpini Park called Ei Ploang, who forces him to consider the intertwined nature of good and evil. In “Snow for Mother”, a mother waits for her little boy to grow up so that she can take him to Alaska to experience the real snow, which he never knew as a little boy in the tropics.

In “The Sharp Sleeper”, a man named Natee obsesses over losing his shirt buttons and is led into a strange reverie on the nature of dreams and the competing qualities of red and yellow pyjama shirts (Thailand’s political culture is riven by two parties popularly known as Red and Yellow Shirts). The commentary slips into effortless sarcasm:

Natee has proudly worn the red pyjama shirt several times since then, and his dream personality hasn’t altered at all. On the contrary, the shirt has encouraged him to become a man of conviction in his waking life. As to what those convictions were supposed to be, Natee wasn’t quite sure. But it was safe to say that a night shirt so principled wouldn’t drop a button so easily.

Since these stories were written, Bangkok’s political schizophrenia has lost its former air of apathy and innocence, but Yoon’s tone is quietly prescient about the eruption of violent irrationality a few years later. It’s a reminder how precious the subtlety of fiction is when set against the shrill certitudes of activism and reportage.

My favorite story here is “Something in the Air”. Its dialogues are written with hilariously archaic, bureaucratic formality, while delving into the disorientation of sexual and romantic hopes in the present century. After the couple’s love-making is interrupted, the young man suggests insolently to the woman that they resume in the open air, exposed to the furious elements. She agrees. They then notice that a dead body is lying on the roof nearby, crushed by the giant letters.

While waiting for the police to arrive, the woman sits quietly and describes her future, a happily married future in which her current lover will play no part whatsoever. He listens in melancholy astonishment until the couple are called to give their testimonies about the dead man. The officers then suspect that the couple themselves have done something scandalous – and so, stung by shame, the woman considers breaking off the relationship and setting in motion her own prophesy.

The Sad Part Was is unique in the contemporary literature of Bangkok – it doesn’t feature bar girls, white men, gangsters or scenes redolent of The Hangover Part II. Instead it reveals, sotto voce, the Thai voices that are swept up in their own city’s wild confusion and energy, and it does so obliquely, by a technique of partial revelation always susceptible to tenderness.

Lawrence Osborne is a British novelist living in Bangkok. His next book, “Beautiful Animals”, will be published by Hogarth in August

The Sad Part Was
Prabda Yoon
Tilted Axis Press, 192pp, £8.99

This article first appeared in the 20 July 2017 issue of the New Statesman, The new world disorder