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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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

Celluloid Dreams: are film scores the next area of serious musical scholarship?

John Wilson has little time for people who don't see the genius at work in so-called "light music".

When John Wilson walks out on to the stage at the Royal Albert Hall in London, there is a roar from the audience that would be more fitting in a football stadium. Before he even steps on to the conductor’s podium, people whistle and cheer, thumping and clapping. The members of his orchestra grin as he turns to acknowledge the applause. Many soloists reaching the end of a triumphant concerto performance receive less ecstatic praise. Even if you had never heard of Wilson before, the rock-star reception would tip you off that you were about to hear something special.

There is a moment of silence as Wilson holds the whole hall, audience and orchestra alike, in stasis, his baton raised expectantly. Then it slices down and the orchestra bursts into a tightly controlled mass of sound, complete with swirling strings and blowsy brass. You are instantly transported: this is the music to which Fred Astaire and Ginger Rogers danced, the music of George Gershwin, Cole Porter, Irving Berlin, which reverberated around the cauldron of creativity that was Hollywood of the early 20th century, when composers were as sought after as film directors.

Wilson’s shows are tremendously popular. Since he presented the MGM musicals programme at the Proms in 2009, which was watched by 3.5 million people on TV and is still selling on DVD, his concerts have been among the first to sell out in every Proms season. There are international tours and popular CDs, too. But a great deal of behind-the-scenes work goes into bringing this music – much of which had been lost to history – back to life. There are familiar tunes among the complex arrangements that he and his orchestra play, to be sure, but the music sounds fresher and sharper than it ever does on old records or in movies. Whether you’re a film fan or not, you will find something about the irrepressible energy of these tunes that lifts the spirits.

Sitting in an armchair in the conductor’s room beneath the Henry Wood Hall in south London, Wilson looks anything but energetic. “Excuse my yawning, but I’ve been up since three o’clock this morning,” he says. This is a short break in a hectic rehearsal schedule, as he puts his orchestra through its paces in the lead-up to its appearance at the 2016 Proms. Watching him at work before we sat down to talk, I saw a conductor who was far from sluggish. Bobbing on the balls of his feet, he pushed his players to consider every detail of their sound, often stopping the musicians to adjust the tone of a single note or phrase. At times, his whole body was tense with the effort of communicating the tone he required.

The programme that Wilson and his orchestra are obsessing over at the moment is a celebration of George and Ira Gershwin, the American songwriting partnership that produced such immortal songs as “I Got Rhythm”, “’S Wonderful” and “Funny Face”, as well as the 1934 opera Porgy and Bess. Though it might all sound effortless when everyone finally appears in white tie, huge amounts of preparation go into a John Wilson concert and they start long before the orchestra begins to rehearse.

“Coming up with the idea is the first step,” he says. “Then you put a programme together, which takes a great deal of time and thought and revision. You can go through 40 drafts until you get it right. I was still fiddling with the running order two weeks ago. It’s like a three-dimensional game of chess – one thing changes and the whole lot comes down.”

Wilson, 44, who also conducts the more conventional classical repertoire, says that his interest in so-called light music came early on. “When you’re a kid, you don’t know that you shouldn’t like the Beatles, or you shouldn’t like Fred Astaire, or whatever,” he says. “You just like anything that’s good. So I grew up loving Beethoven and Brahms and Ravel and Frank Sinatra and the Beatles.” At home in Gateshead – he still has the Geordie accent – the only music in the house was “what was on the radio and telly”, and the young boy acquired his taste from what he encountered playing with local brass bands and amateur orchestras.

He had the opposite of the hothoused, pressured childhood that we often associate with professional musicians. “Mine were just nice, lovely, normal parents! As long as I wore clean underwear and finished my tea, then they were happy,” he recalls. “I was never forced into doing music. My parents used to have to sometimes say, ‘Look, you’ve played the piano enough today; go out and get some fresh air’ – things like that.” Indeed, he received barely any formal musical education until he went to the Royal College of Music at the age of 18, after doing his A-levels at Newcastle College.

The title of the concert he conducted at this year’s Proms was “George and Ira Gershwin Rediscovered”, which hints at the full scale of Wilson’s work. Not only does he select his music from the surviving repertoire of 20th-century Hollywood: in many cases, he unearths scores that weren’t considered worth keeping at the time and resurrects the music into a playable state. At times, there is no written trace at all and he must reconstruct a score by ear from a ­recording or the soundtrack of a film.

For most other musicians, even experts, it would be an impossible task. Wilson smiles ruefully when I ask how he goes about it. “There are 18 pieces in this concert. Only six of them exist in full scores. So you track down whatever materials survive, whether they be piano or conductors’ scores or recordings, and then my colleagues and I – there are four of us – sit down with the scores.” There is no hard and fast rule for how to do this kind of reconstruction, he says, as it depends entirely on what there is left to work with. “It’s like putting together a jigsaw, or a kind of archaeology. You find whatever bits you can get your hands on. But the recording is always the final word: that’s the ur-text. That is what you aim to replicate, because that represents the composer’s and lyricist’s final thoughts.” There is a purpose to all this effort that goes beyond putting on a great show, though that is a big part of why Wilson does it. “I just want everyone to leave with the thrill of having experienced the sound of a live orchestra,” he says earnestly. “I tell the orchestra, ‘Never lose sight of the fact that people have bought tickets, left the house, got on the bus/Tube, come to the concert. Give them their money’s worth. Play every last quaver with your lifeblood.’”

Besides holding to a commitment to entertain, Wilson believes there is an academic justification for the music. “These composers were working with expert ­arrangers, players and singers . . . It’s a wonderful period of music. I think it’s the next major area of serious musical scholarship.”

These compositions sit in a strange, in-between place. Classical purists deride them as “light” and thus not worthy of attention, while jazz diehards find the catchy syncopations tame and conventional. But he has little time for anyone who doesn’t recognise the genius at work here. “They’re art songs, is what they are. The songs of Gershwin and Porter and [Jerome] Kern are as important to their period as the songs of Schubert . . . People who are sniffy about this material don’t really know it, as far as I’m concerned, because I’ve never met a musician of any worth who’s sniffy about this.

Selecting the right performers is another way in which Wilson ensures that his rediscovered scores will get the best possible presentation. He formed the John Wilson Orchestra in 1994, while he was still studying at the Royal College of Music, with the intention of imitating the old Hollywood studio orchestras that originally performed this repertoire. Many of the players he works with are stars of other European orchestras – in a sense, it is a supergroup. The ensemble looks a bit like a symphony orchestra with a big band nestled in the middle – saxophones next to French horns and a drum kit in the centre. The right string sound, in particular, is essential.

At the rehearsal for the Gershwin programme, I heard Wilson describing to the first violins exactly what he wanted: “Give me the hottest sound you’ve made since your first concerto at college.” Rather than the blended tone that much of the classical repertoire calls for, this music demands throbbing, emotive, swooping strings. Or, as Wilson put it: “Use so much vibrato that people’s family photos will shuffle across the top of their TVs and fall off.”

His conducting work spans much more than his Hollywood musical reconstruction projects. Wilson is a principal conductor with the Royal Northern Sinfonia and has performed or recorded with most of the major ensembles in Britain. And his great passion is for English music: the romanticism of Elgar, Vaughan Williams and Delius needs advocates, too, he says. He insists that these two strands of his career are of equivalent importance. “I make no separation between my activities conducting classical music and [film scores]. They’re just all different rooms in the same house.” 

The John Wilson Orchestra’s “Gershwin in Hollywood” (Warner Classics) is out now

Caroline Crampton is assistant editor of the New Statesman.

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