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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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)
Donmar Warehouse
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Limehouse raises the question of when party loyalty becomes political irresponsibility

Labour's “Gang of Four” are brought to life brilliantly at the Donmar Warehouse.

A star of the Labour Party right wing, exiled from the shadow cabinet for deviating from the dominant orthodoxy, rants about how a decent but weak Labour leader, with an election-losing anti-European, anti-nuclear manifesto, risks letting the prime minister get away with whatever she wants.

Laughter shows that the audience gets what the dramatist Steve Waters is up to. Limehouse takes place on 25 January 1981, when a gentle veteran, Michael Foot, seems to be leading Labour to such sure oblivion at the next election that Dr David Owen has summoned his fellow moderates Shirley Williams, Bill Rodgers and (just back from a stint running Europe) Roy Jenkins to Sunday lunch in his kitchen in east London. This meeting led the “Gang of Four”, as they became known, to make a statement of estrangement from Labour that heralded the creation of the Social Democratic Party.

Waters was inspired by a New Statesman interview in which Rodgers wondered if the left-right divide under Jeremy Corbyn might justify a similar evacuation of the pragmatists now. The debates that the play stages – fidelity to party and national tribes against a fear of political and historical irrelevance – feel hotly topical.

Williams, considering an offer to abandon Labour and teach at Harvard, faced then the dilemma of an Ed Balls or Tristram Hunt now. And Labour members today who fantasise about a new progressive grouping might reflect that, while the SDP briefly seemed a plausible alternative to Thatcherism (winning 7.8 million votes at the 1983 election), the middle-class revolution was squeezed externally by two-party domination and internally by disputes over leadership and direction.

But, for all the parallel relevance, the success of Limehouse ultimately depends on the convincing re-creation of an era and its people. Enjoyable period details include the luxury macaroni cheese to a recipe by Delia Smith that Debbie Owen, Delia’s literary agent, chops and fries on stage to fuel her husband’s discussions with his three wary comrades. Waters also skilfully uses the mechanics of a pre-digital world – having to go out for newspapers, going upstairs to answer a phone – to get one character out of the way to allow others to talk about them.

As a good playwright should, Waters votes for each character in turn. Owen, though teased for vanity and temper, is allowed a long speech that honours his status as one of the most memorable orators in modern British politics. Tom Goodman-Hill samples Owen’s confident baritone without going the whole Rory Bremner.

Playing Jenkins, a man celebrated for both a speech defect and rococo cadences, Roger Allam has no choice but to deliver the voice perfectly, which he does. Waters carefully gives the character an early riff about the “crepuscular greyness” of Brussels, allowing Allam to establish the w-sounds and extravagant adjectives. Actor and playwright also challenge the assumption that for Jenkins both to love fine wine and to advocate social justice was inevitably a contradiction.

Debra Gillett refreshingly avoids the scattiness that caricaturists attribute to Williams, stressing instead her large brain and deep soul, in a portrayal that increases the sense of shame that the Tories should lead Labour 2-0 in the score of female prime ministers. As Rodgers (in Beatles terms, the Ringo of the confab four), Paul Chahidi touchingly suggests a politician who knows that he will always be a bag-man but still agonises over whose luggage to carry.

Unfolding over 100 minutes, Polly Findlay’s production has a lovely rhythm, staging the delayed entrances of Jenkins and Williams for maximum impact. Biodramas about the living or recently dead can be hobbled by a need to negotiate objections of tact or fact. Politicians, however, often purchase even the rudest cartoons of themselves for the loo wall, and the real Owen, Williams and Rodgers laughed warmly during, and strongly applauded after, the first night.

At an impromptu press conference afterwards, a genial and generous Owen astutely observed that what at the time was “a very happy day in our house” has been dramatised as tragicomedy. But, regardless of whether Marx was right about history repeating itself the second time as farce, the possibility that farce is being repeated in Labour Party history has encouraged a compelling play that is sublimely enjoyable but also deeply serious – on the question of when loyalty to party can become disloyalty to political responsibility.

“Limehouse” runs until 15 April

Mark Lawson is a journalist and broadcaster, best known for presenting Front Row on Radio 4 for 16 years. He writes a weekly column in the critics section of the New Statesman.

This article first appeared in the 23 March 2017 issue of the New Statesman, Trump's permanent revolution