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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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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TV show ideas better than the Game of Thrones showrunners’ series about slavery

Beep Show: 25 minutes of constant annoying beep sounds.

So David Benioff and D.B. Weiss, the showrunners on Game of Thrones, have announced their next TV idea: a revisionist piece where slavery never ended in America. The response was... not good. As Ira Madison III wrote for the Daily Beast, “this harebrained idea serves as yet another reminder that the imaginations of white men can be incredibly myopic... this show sounds stupid as hell.” So I and the New Statesman web team came up with our suggestions for TV shows we’d rather watch. Please enjoy.

The Office, except it’s your office, every day, from 9-5, from now until you’re 70.

Blackadder, but it’s just about fucking snakes.

Pingu, but after the icecaps have melted.

A children’s TV show about a time-travelling grammar-obsessed medical pedant called Doctor Whom.

A Series Of Unfortunate Events, but it’s just me, trying to talk to people in various social settings.

The Great British Hake Off: who has the best medium to large seawater fish averaging from 1 to 8 pounds?

Gilmore Girl. Lorelai is dead.

Brooklyn 99. Let’s go buy an ice cream in New York City, baby!

Come Dine With Me. The host only cooks one meal and other contestants fight for it.

The Sorcerer’s Apprentice: Alan Sugar selling broomsticks in Romford market.

Match of the Day, but it’s just about actual wooden matches.

One Tree Hill. It’s just a tree on a hill.

House of Cards. It’s a man building a – ok I think you get where we’re going with this now.

Knife Swap: what happens when gangs trade territories?

Recess: a provincial MP goes home and sorts out his guttering.

Blue Planet: on the ground in the smurf community.

Transparent: Your TV, replaced with glass.

Game of Thrones, without the violence against women.

Friends, but without modern medicine so all the friends die by age 25. Except Ross. Ross lives.

Beep Show: 25 minutes of constant annoying beep sounds.

Rugrats, but it’s just one long tracking shot of a rat-infested rug.

A talking head countdown starring minor British celebrities but instead of the best comedies of the 1970s or whatever they’re just ranking other talking head countdowns starring minor British celebrities.

30 Rocks: seven sweet, sweet hours of unfiltered footage of 30 motionless rocks.

Live footage of the emotional breakdown I’m having while writing this article.

The Good Wife: she’s just super sweet and likes making everyone cookies!

Stranger Things, but it’s about the time that stranger walked towards you and you both moved right and then both moved left to avoid each other and oh my God how is this still happening.

Parks and Recreation: Just a couple o’ pals having fun in the park!

Who Do You Think You Are? Just loads of your ancestors asking you how you even sleep at night.

The Crown: some really graphic childbirth footage playing on repeat.

Downtown Abbey: nuns in inner city Chicago.

Peeky Blinders: a study of neighbourhood curtain twitchers in a Belfast suburb.

DIY: SOS. The emergency services are called every episode!

The Big Bang Theory.

Anna Leszkiewicz is a pop culture writer at the New Statesman.