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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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

Spoiler: the best way to avoid Alzheimer's is to stay young.

At the recent meeting of the European Academy of Neurology in Copenhagen, doctors were signing up to attend a workshop teaching non-specialists to test for cognitive decline in their patients. How do you tell the difference between a scatterbrain and a case of early dementia?

It’s a question that is increasingly urgent. Last year, 47.5 million people were living with dementia. That will have risen to 75.6 million by 2030 and will reach 140 million in 2050. The World Health Organisation has declared that dementia should be regarded as a global public health priority. But what can we do about it?

The primary cause of dementia, accounting for roughly 70 per cent of cases, is Alzheimer’s disease. It’s all very well to put a name to it, but we don’t have a clear understanding of the mechanisms that cause it – or medicines to battle it. Alzheimer’s drugs have a high rate of failure. In the decade to 2012, 99.6 per cent of newly developed drugs failed to make it past clinical trials. There is no cure for Alzheimer’s and none on the horizon, either.

There was, however, a small breakthrough last month. A study published in the journal Science Translational Medicine suggests that Alzheimer’s could be a result of fighting infections from other diseases that would, if left unchecked, ravage the brain. The hard lumps of sticky plaque in the brain that characterise the onset of Alzheimer’s seem to be the result of the immune system attempting to isolate and neutralise microbes and other pathogens that have made their way into the brain. The plaques catch pathogens, preventing infection from taking hold. Unfortunately, it’s a case of damned if you do, damned if you don’t: the plaques also trigger inflammation that leads to the death of brain cells.

This observation mirrors another catch-22 with Alzheimer’s. Some researchers have suggested that the drug failures might be averted by getting candidate treatments to the disease earlier, before symptoms appear. Put simply, the drugs may stand a better chance of success when trying to counter the first stages of damage to the brain. The problem is: how do you get that early diagnosis?

There are various genetic indicators for a heightened predisposition to developing Alzheimer’s. A gene called apolipoprotein E, for instance, comes in three variants: one kind seems to reduce the risk of Alzheimer’s while another increases it. Other genes – variously associated with the body’s uptake of cholesterol, its propensity to engender inflammation and the efficiency of communication between neurons – also have a role to play in raising or lowering the chances of onset.

However, the interplay between genetic factors, environmental factors and what appears to be pure luck makes foreknowledge of whether Alzheimer’s will strike any individual impossible. It’s no wonder that the US National Institutes of Health does not generally recommend genetic testing as a worthwhile route for anyone wanting to know their future. After all, a result that indicates you are more likely than the average person to develop dementia is, in many ways, little more than a heavy psychological burden, to be borne until the symptoms start to appear – a scenario that keeps you stressed (a grave health risk) even if onset never happens. If the drugs don’t work yet, why would anyone sign up to be tested?

In the absence of a reliable test or cure, the best advice seems to be to delay ageing as much as possible, particularly where cardiovascular health is concerned. It’s an observation that fits with last month’s breakthrough. The plaque-provoking pathogens reach the brain through the weakening of the blood-brain barrier, a wall of cells that wraps around blood vessels and prevents foreign bodies from passing into the brain’s circulatory system. This weakening happens with age, suggesting that action to delay the degradation of the cardiovascular system will also delay the onset of Alzheimer’s disease.

Here, at least, we have some good news: the rate of appearance of dementia cases seems to be in decline. This may be a spin-off of our attempts to cut deaths from heart disease. It seems that as we take control of blood pressure and cholesterol levels, making significant improvements to our heart and circulatory function, we are unwittingly improving our cerebral health, too – almost certainly because the brain requires good blood flow to operate well.

The surest way to avoid Alzheimer’s, then, is simple to state and impossible to achieve. All you have to do is stay young. 

Michael Brooks holds a PhD in quantum physics. He writes a weekly science column for the New Statesman, and his most recent book is At the Edge of Uncertainty: 11 Discoveries Taking Science by Surprise.

This article first appeared in the 23 June 2016 issue of the New Statesman, Divided Britain