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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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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How The Mare throws gender, race and even language into flux

Mary Gaitskill's new novel presents an agonising world of "nice" and "nasty", where moral choice is always constrained.

I never loved pony books. Like many girls, I briefly tried to direct my longing for contact – primal and protosexual – into a dream of fusion with something more beautiful, more powerful than me: a horse. But then I found that riding was less sensual than political; it was to do with what you could afford to ride, and how often, and how you could afford to look while doing it. So far, so much like other teen courting rituals.

The Mare, like many of Mary Gaitskill’s works, is the story of a teenage girl. The Dominican-American Velveteen Vargas leaves her home in Brooklyn for “Friendly Town”, where a white couple – the childless Ginger and Paul – offer her a holiday under the Fresh Air Fund. “I’ve spent the last ten years nurturing myself and looking at my own shit,” Ginger says. “It’s time to nurture somebody else now.” She is attempting that most dangerous of things: to do good. She pays for Velvet to have riding lessons, which become an obsession, revealing society in miniature, or perhaps humanity itself.

Like other works by Gaitskill, The Mare is told polyphonically by means of interior monologues. Velvet is superbly articulate, especially about moments when she is not: “I felt, but not a normal feeling that you can say what it is.” She is also dyslexic: “although she could sound the words out perfectly and sometimes even understand their meanings individually, she could not really understand sentences put together”. No surprise; words are less than reliable. When Ginger talks to her contemporaries – biological mothers – she feels their “friendly unfriendliness” and wonders, “How do people make this simple sound into a mixture of real and false, the false mocking the real for the two seconds they rub together?”

Words are also to do with nurturing: “mare”, as Gaitskill notes, resembles the French “mère”, and motherhood is central here. “I am going down . . . like every woman in particular,” Ginger says, as if women crumbled more easily than men. She means menopause, the end of potential childbirth. As Velvet becomes a woman, her birth mother finds her to be “like a stupid animal”. Parallels are drawn between women and horses through the body: “She kicks because of hormones, because – well, basically, she’s just being a girl,” says Pat the trainer about Velvet’s horse.

Naming is a powerful force. The abused horse Funny Girl is rechristened “Fugly Girl” by the bitchy stable girls, then “Fiery Girl” by Velvet, who both identifies with her and wants to save her, just as Ginger wants to save Velvet.

Ginger at first sees Velvet as a cute animal: “Her skin was a rich brown; her lips were full, her cheekbones strong. She had a broad, gentle forehead, a broad nose, and enormous heavy-lashed eyes with intense brows . . . She was ours!” As Silvia Vargas says of her daughter, “some fool woman has made her into a pet”, yet neither people nor animals are easily petted.

“Human love”, says Ginger, “is the vilest thing” and “the most powerful drug in the world”. Paul says of Velvet: “I was beginning to feel we were doing some strange violence to her.” S&M has long been Gaitskill’s paradigm and in The Mare it sits in the ethics of the horse/rider relationship. Why do they care if you hit them with a whip?” Velvet asks. “It’s all psychological,” answers Beverly the sadistic trainer. “You control them from inside their heads. The physical is back-up. Mostly.” While Velvet uses horse behaviour to excuse her participation in bullying (“We ran together”), Ginger holds on to the distinction: “You are not a horse. You are a person.” Horses remain amoral: “one thousand pounds of unpredictable power”.

The Mare is a book about “nice” and “nasty” – words Gaitskill’s characters use to fumble at concepts of good and evil. Silvia finds Ginger “nice like a little girl is nice”. Velvet’s boyfriend, Shawn, says that “Ginger could be nice because people like her got other people to do the violence for them”. The difference is one of race. “Why is it that white people can walk their path in a way that black people – and people of my colour – cannot?” Velvet asks. At her lowest point (and Velvet’s), Ginger finds herself wondering if non-whites are “just different”, and discovers, “I’m racist. At least now I know.”

Gaitskill’s world is agonising because moral choice exists but is constrained by cruel circumstance. Silvia once had the privilege of riding a horse. Up there she saw “my life, going in different directions”. Thrown off, she has a vision of hell. “I was there, with the shit people.” Hell is a constant option. “I don’t think God would have to send people there, I think they would go there by themselves,” says Ginger who, like Velvet, has a vision of visiting it by “a door in our backyard”.

It is easy to question a white artist addressing dilemmas of white privilege. Yet not only does Gaitskill take this as her subject, but the act of writing The Mare is a direct challenge to what Justine in Two Girls, Fat and Thin (1991), noticing her white mother’s careful relationship with her black maid, calls the “bloodless world of decency and politeness”.

The Mare has little of the gleeful disgust of Gaitskill’s previous books but this makes it pricklier than her most outrageous sexual tragicomedies. I loved Gaitskill before The Mare because, with brutal hilarity, she gave humanity to bullies and mean girls. But here, like Ginger, she is telling me, relentlessly, painfully, that “any good thing might happen, anything”.

Joanna Walsh’s books include the collection “Vertigo” (And Other Stories) and “Hotel” (Bloomsbury Academic)

The Mare by Mary Gaitskill is published by Serpent’s Tail (441pp, £14.99)

This article first appeared in the 21 July 2016 issue of the New Statesman, The English Revolt