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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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)
Iain Cameron
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Meet Scotland's 300-year-old snow patch, the Sphinx

Snow patch watchers expect it to melt away by the weekend. 

This weekend, Scotland's most resilient snow patch, dubbed Sphinx, is expected to melt away. The news has been met with a surprising outpouring of emotion and nationwide coverage. Even The Financial Times covered the story with the headline "The end is nigh for Britain's last snow". The story has also gone international, featuring in radio reports as far away as New Zealand.

So what is it about Sphinx that has captured the public’s imagination?  Some have suggested it could be symbolic. The Sphinx represents how we all feel, helpless and doomed to a fate determined by leaders like Donald Trump and Kim Jong Un. 

Regular contributors to the Facebook page “Snow Patches in Scotland”  have their own, more prosaic theories. One tells me that the British are “generally a bit obsessed with weather and climate”, while another says snow-patches are "more interesting than anything Trump/May/Boris or Vladimir have to say”.

Those more interested in patches of snow than the existential consequences of international relations could be dismissed as having seriously skewed priorities, but there's more to the story of Sphinx than lies on the surface. 

For a start it's thought to be 300 years old, covering a small square of the Cairngorms for centuries with just six brief interruptions. Last time the Sphinx disappeared was 11 years ago. Though it may melt away this weekend, it is expected to be back by winter. 

Iain Cameron, the man who set up the Facebook page "Snow Patches in Scotland" and someone who has recorded and measured snow patches since he was a young boy, says that Sphinx has shrunk to the size of a large dinner table and he expects it will have melted entirely by this Saturday.

It came close to disappearing in 2011 as well, he adds. In October of that year, Sphinx at around its current size and only a heavy snowstorm revived it.

"They tend to keep the same shape and form every year," Cameron tells me. "It might sound weird to say, but it’s like seeing an elderly relative or an old friend. You’re slightly disappointed if it’s not in as good a condition."

But why has Sphinx survived for so long? The patch of land that Sphinx lies above faces towards the North East, meaning it is sheltered from the elements by large natural formations called Corries and avoids the bulk of what sunlight northern Scotland has to offer. 

It also sits on a bid of soil rather than boulder-fields, unlike the snow patches on Britain's highest mountain Ben Nevis. Boulder-fields allow air through them, but the soil does not, meaning the Sphinx melts only from the top.

Cameron is hesistant to attribute the increased rate of Sphinx's melting to climate change. He says meterologists can decide the causes based on the data which he and his fellow anoraks (as he calls them) collect. 

That data shows that over the past 11 years since Sphinx last melted it has changed size each year, not following any discernable pattern. “There is no rhyme or reason because of the vagaries of the Scottish climate," says Cameron.

One thing that has changed is Sphinx's title is no longer quite so secure. There is another snow patch in near Ben Nevis vying for the position of the last in Scotland. Cameron says that it is 50:50 as to which one will go first.