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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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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"By now, there was no way back for me": the strange story of Bogdan Stashinsky

Serhii Plokhy’s The Man with the Poison Gun is a gripping, remarkable Cold War spy story.

On the morning of 12 August 1961, a few hours before the supreme leader of East Germany, Walter Ulbricht, announced the sealing of the border between East and West Berlin, a funeral took place for a four-month-old boy at the Rohrbeck Evangelical Cemetery in Dallgow. Numerous KGB agents and officers of the East German ministry of security were in attendance, but the boy’s parents were missing. Instead, Bogdan Stashinsky and Inge Pohl were preparing their imminent escape from Soviet-occupied territory and into the West. They had intended to flee the following day, but the funeral provided a moment of opportunity when their surveillance was relaxed. If they wanted to go, they had to go now.

“The KGB operatives present at the child’s funeral were puzzled by the parents’ absence,” a Soviet intelligence officer later wrote. “By the end of the day on 13 August 1961, it was clear that the Stashinskys had gone to the West. Everyone who knew what tasks the agent had carried out in Munich in 1957 and 1959, and what could happen if Stashinsky were to talk, was in shock.”

Those “tasks” were the state-sponsored assassinations of Lev Rebet and Stepan Bandera, two exiled leaders of the Ukrainian anti-communist movement who had been living in Munich. Stashinsky, one of the KGB’s top hitmen, and the focus of Serhii Plokhy’s gripping book, had been given the task of tracking and killing them with a custom-built gun that sprayed a lethal, yet undetectable poison. It was only after Stashinsky’s defection to the Central Intelligence Agency, and then to the West German security services, that the cause of Rebet and Bandera’s deaths was finally known.

For decades, the KGB denied any involvement in the assassinations, and the CIA has never been entirely sure about Stashinsky’s motives. Was he telling the truth when he confessed to being the assassin, or was he, as some still claim, a loyal agent, sent to spread disinformation and protect the true killer? Plokhy has now put to rest the many theories and speculations. With great clarity and compassion, and drawing from a trove of recently declassified files from CIA, KGB and Polish security archives, as well as interviews conducted with former heads of the South African police force, he chronicles one of the most curious espionage stories of the Cold War.

Stashinsky’s tale is worthy of John le Carré or Ian Fleming. Plokhy even reminds us that The Man With the Golden Gun, in which James Bond tries to assassinate his boss with a cyanide pistol after being brainwashed by the Soviets, was inspired by the Stashinsky story. But if spy novels zero in on a secret world – tradecraft, double agents, defections, and the moral fallout that comes from working in the shadows – Plokhy places this tale in the wider context of the Cold War and the relentless ideological battle between East and West.

The story of Stashinsky’s career as a triggerman for the KGB plays out against the backdrop of the fight for Ukrainian independence after the Second World War. He was a member of the underground resistance against the Soviet occupation, but was forced to become an informer for the secret police after his family was threatened. After he betrayed a resistance cell led by Ivan Laba, which had assassinated the communist author Yaroslav Halan, Stashinsky was ostracised by his family and was offered the choice of continuing his higher education, which he could no longer afford, or joining the secret police.

“It was [only] a proposal,” he said later, “but I had no alternative to accepting it and continuing to work for the NKVD. By now, there was no way back for me.” He received advanced training in Kyiv and Moscow for clandestine work in the West and became one of Moscow’s most prized assets. In 1957, after assassinating Rebet, he was awarded the
Order of the Red Banner, one of the oldest military decorations in the Soviet Union.

Plokhy’s book is about more than the dramas of undercover work; it is also an imaginative approach to the history of Cold War international relations. It is above all an affective tale about the relationship between individual autonomy and state power, and the crushing impact the police state had on populations living behind the Iron Curtain. Stashinsky isn’t someone of whom we should necessarily approve: he betrayed his comrades in the Ukrainian resistance, lied to his family about who he was and killed for a living. Yet we sympathise with him the more he, like so many others, turns into a defenceless pawn of the Communist Party high command, especially after he falls in love with his future wife, Inge.

One of the most insightful sections of Plokhy’s book converges on Stashinsky’s trial in West Germany in 1962 over the killings of Rebet and Bandera, and how he was given a reduced sentence because it was deemed that he had been an instrument of the Soviet state. The decision was influenced by German memories of collective brainwashing under the Third Reich. As one of the judges put it: “The accused was at the time in question a poor devil who acted automatically under pressure of commands and was misled and confused ideologically.”

What makes Plokhy’s book so alarmingly resonant today is how Russia still uses extrajudicial murder as a tool of foreign policy. In 2004 Viktor Yushchenko, the pro-Western future president of Ukraine, was poisoned with dioxin; two years later Aleksandr Litvinenko, the Russian secret service defector, unknowingly drank radioactive polonium at a hotel in London. The Russian journalist Anna Politkovskaya survived a poisoning in 2004 after drinking tea given to her by an Aeroflot flight attendant (she was murdered two years later). The collapse of the Soviet Union did not bring the end of the Russian threat (Putin, remember, is ex-KGB). As le Carré noted in a speech in the summer of 1990, “The Russian Bear is sick, the Bear is bankrupt, the Bear is frightened of his past, his present and his future. But the Bear is still armed to the teeth and very, very proud.”

The Man with the Poison Gun: a Cold War Spy Story by Serhii Plokhy is published by Oneworld (365pp, £18.99)

This article first appeared in the 12 January 2017 issue of the New Statesman, Putin's revenge