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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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

Drama without sensation: A Separation is an unsettling novel of distances

In Katie Kitamura’s novel, it is the distance between the narrator’s two selves that causes her most discomfort.

In a 2013 interview with Guernica, the online magazine, the novelist Katie Kitamura discussed how publishing’s “deeply patronising attitude” towards female readers results in overtly feminine book covers, featuring, for instance, women in bathing suits. “That’s not the kind of book cover that makes me want to buy a book,” she said.

The cover of Kitamura’s latest novel, A Separation, does, surprisingly, feature a woman in a bathing suit. But there is something quietly unsettling about this picture: the woman, who has her back to us, is awkwardly cropped out of frame from the elbows up, and she is sitting at the edge of an oddly shaped pool. Most of the cover is solid turquoise – a bright wash of negative space.

Kitamura’s unnamed narrator is a poised literary translator. As the novel opens in London, we learn that she is married to Christopher (a charming, haphazard non-author) but, in secret, they have been living separately for the past six months. When she receives a telephone call from Christopher’s mother, Isabella, informing her that he has seemingly gone missing in Greece, she doesn’t let on about her disintegrating marriage but boards a plane to look for him.

Much of the rest of the novel takes place in Greece: at a “very pleasant” hotel, in “perfect weather”, the pool “heated to a very comfortable temperature”. The area has recently experienced a string of devastating fires, leaving patches of scorched earth. The location has an almost eerie surface stillness that jars with the mystery at its heart. In this way, Kitamura (an art critic as well as novelist) creates a setting somehow reminiscent of David Hockney’s A Bigger Splash, Christopher’s sudden disappearance leaving behind no visible ripples.

The narrator, too, has a glassy composure at odds with the tumultuous events. On deciding to end her marriage formally, she shows neither despair nor relief, but anxiety about the etiquette. “I assumed – I had no prior experience to go on – that asking for a divorce was always discomfiting,” she says with typical understatement, “but I could not believe it was always this awkward.” Of her feelings for her new partner, Yvan, she notes that they seem more like “administration rather than passion”, and then offers a moderated gloss of Hamlet, “You cannot say you did it out of love, since at your age romantic passions have grown weak, and the heart obeys reason.

Her emotional separation from the trauma of her circumstances allows the narrator to examine the facts of her husband’s disappearance. She knows Christopher was unfaithful and she immediately identifies the hotel receptionist as the object of his attentions. We never see the narrator professionally translating, but the novel is concerned with her attempts to read the deeper meanings behind the remarks and behaviour of those around her. She finds it easy to imagine unseen contexts to conversations: an argument between Christopher’s parents, an embrace between her taxi driver and the hotel receptionist. As she writes, “Imagination, after all, costs nothing.”

Her propensity for projection is such that some things remain lost in translation. Even the most minute interactions can be misread. When Christopher’s mother comments that the two women’s love for her son connects them, “she was looking over my shoulder, as if watching someone approach . . . she was staring at nothing”. The novel occupies this imaginative negative space: the gap between what people think and how they appear.

Ultimately, it is the distance between the narrator’s two selves that causes her most discomfort. How long will she allow others to read her as the concerned, loving wife? Should she admit she wants to find Christopher in order to request that they separate officially? As her search continues she notes, “There was a small but definite wedge pushing between the person I was and the person I was purporting to be.”

There is a suspenseful and menacing tone to Kitamura’s prose that might trick a reader into thinking, at first, they are in the territory of thrillers such as Gone Girl and The Girl on the Train. Both these novels, like A Separation, have narrators who defy readers’ attempts to fathom their emotional depths and to deal with questions of how well you know anyone – even your own partner. But this is a work free of sensation, or even resolution. As the narrator notes, in the shock of an event it is natural to look for a more dramatic narrative. “But in the end,” she says, “this is only chasing shadows. The real culpability is not to be found in the dark or with a stranger, but in ourselves.”

A Separation by Katie Kitamura is published by Clerkenwell Press (231pp, £12.99)

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

This article first appeared in the 23 March 2017 issue of the New Statesman, Trump's permanent revolution