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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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

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The Pier Falls is a skilful short story collection – and the glummest book I've read in years

There's no doubting Mark Haddon's talent, but if his stories are sympathetic, there's not much pity in them.

The unremitting bleakness of Mark Haddon’s first book of short stories seems to have stumped even his publishers, who have decided, in the blurb, to make the rather shell-shocked protestation that “his imagination is even darker than we had thought”. Certainly, anyone who came to Haddon’s work through The Curious Incident of the Dog in the Night-Time and its Olivier Award-winning stage adaptation will get a shock from this merciless collection, which opens with a story about the death of 64 people in a seaside accident and moves on briskly to other tales featuring starvation, dismemberment, evisceration, euthanasia, suicide, amputation, shooting, poisoning and incineration.

Sunk in its amplifying gloom, I found myself thinking of a passage in Haddon’s last (also fairly grim) novel, The Red House, in which an eight-year-old passes the time on a disastrous family holiday by planning his own work of literature. “It would be called A Hundred Horrible Ways to Die,” he muses, “and it would include torture and killing but not cancer.”

There is a good deal of sympathy in these economical pieces, but not much pity. The title story, first published in this paper, sets the tone. It is told in the present tense, and describes the collapse of a pier at a fictitious British seaside resort in 1970, balancing the unfolding horror of its events with a coolly detached, observational prose that creates a mood of eerie calm. “If you look through the black haystack of planks and beams,” Haddon writes, “you can see three figures thrashing in the dark water, a fourth floating face down and a fifth folded over a weed-covered beam. The rest are trapped underwater somewhere. Up on the pier a man hurls five lifebelts one after the other into the sea.” Later stories describe lives at various extremities of pain or grief, and with similar austerity. “Bunny” is about a 30-stone man feeding himself to death, “Breathe” about a woman tending her demented mother, “The Weir” about a divorcé who saves a mentally ill young woman from drowning. All of them share a distantly compassionate, vaguely medical tone, as though the author is relating news you may not wish to hear: it’s perhaps no surprise that doctors pop up with such frequency in Haddon’s work.

Several stories pay indirect homage to mythic or literary forerunners. “The Island” offers a refracted paraphrase of the story of Ariadne on Naxos, picking up shortly after Theseus’s ship sails off into the distance. In Haddon’s version, where none of the characters is named, the Minotaur is a deformed teenager, the king a brutal murderer and Ariadne a helpless teenager incapable of surviving in the wild. In the myth, she is discovered on Naxos by Dionysus, who marries her: here, the god of wine and ecstasy is a towering monster, covered in excrement, who rapes the helpless girl and then lets his Bacchantes rip her to pieces. It is told unflinchingly, though I could never quite work out whether Haddon’s flustered prose (“He is the only man she’s ever loved, and he has dumped her like ballast . . . She is off the heart’s map and her compass is spinning”) was in imitation of a lovestruck girl’s thoughts, or a rare crack in his usually undemonstrative and practical style.

“Wodwo”, one of the longer stories, provides another twist on an existing tale, in this case the 14th-century romance Sir Gawain and the Green Knight. Here, too, Haddon remains silent about the inspiration, though an epigraph from Gawain lurks in forbidding Middle English at the beginning of the book. It opens on Christmas Eve at the Northamptonshire home of a retired neurosurgeon, where a session of posh family bickering is interrupted by the apparition of a gigantic stranger who demands to be blasted in the chest with a sawn-off shotgun. The subsequent humbling of its central character, who is no longer “gode Gawan” but Gavin, a blusteringly awful TV presenter, is a tale of slow decline, homelessness and eventual redemption that loses none of its weird and ghostly sheen from being dragged into a later age.

Other stories play quietly with the reader’s assumptions about their elected genres. “The Boys Who Left Home to Learn Fear” uses a setting out of H P Lovecraft or Edgar Rice Burroughs to tell its own, strangely truncated tale of loss and abandonment, as explorers in the jungle find cryptic warnings scrawled by a bottomless cave near the corpses of their predecessors. In “The Woodpecker and the Wolf”, a colonist on a remote planet contends with a string of grisly hazards – botched appendectomies, suicide by her colleagues, the abandonment of relief efforts, an unexpected pregnancy – before being rescued. As she returns with her child to a spookily idyllic Earth, however, the suspicion grows that things are not quite as comforting as we would like to believe: “There is,” Haddon writes, “something wrong with all this but she cannot put her finger on what it might be.”

That sentence might apply equally well to every story in this impressive but forbiddingly lightless collection. There’s no doubt about Haddon’s skill, but I haven’t read a glummer book in years. 

This article first appeared in the 19 May 2016 issue of the New Statesman, The Great Huckster