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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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)
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“I see the world in rectangles”: Life as a Lego Master Builder

Nathan Sawaya stunned colleagues when he quit his job as a lawyer to play with Lego full-time. Now everyone from Lady Gaga to Barack Obama’s a fan.

Nathan Sawaya is describing his favourite Lego brick, shiny-eyed and grinning at the thought of it. But he’s not a child proudly displaying a beloved toy. He’s a 43-year-old former corporate lawyer, and well over six foot tall. The brick he is evangelising about is a small 1x2 socket plate with a stud in the centre of its top. He calls this a “Jumper”.

“You know your Lego lingo?” he asks, looking crestfallen when I shake my head. “It has only one stud instead of two, and it allows you to do even more detail because you can offset the brick a little bit. But in general, I focus on the rectangular pieces.”


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Sawaya is one of the world’s eight Lego Master Builders, having left his job at a New York law firm when he was 32 to dedicate his life to building Lego constructions full-time. His most striking works include a torso of a man ripping his chest open with bricks spilling out, called Yellow, a lifesize T-Rex skeleton, a two-metre long model of Brooklyn Bridge, and replicas of famous paintings, including the Mona Lisa, and Edvard Munch’s Scream.

I meet him in a dark exhibition space in a tent on London’s Southbank, where his works are lit up around us. His latest constructions consist of a series of DC Comics superheroes, so we are surrounded by expressionless Supermen flying around us, capes realistically rippling, and a full-size Batmobile with glistening batwings. His boyish eagerness aside, Sawaya himself looks like a comic book villain – a hulking figure dressed in black from top to toe, with a long black overcoat, piercing eyes and thick dark hair.


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Back in his early thirties when he was a lawyer, he would come home after a punishing day at work and do something creative – drawing, painting, sculpting with clay and wire. He soon began to experiment with Lego, constructing models out of sets he had lying around the house. His son, now 17, was never particularly interested in playing with it himself.

“Eventually I made the choice to leave the law firm behind and become a full-time artist who plays with toys,” he beams.

His family was supportive, his colleagues jealous, and his bosses confused – but it wasn’t long until Sawaya found success as a Lego artist. He has had exhibitions of his work on every continent but Antarctica, and gained some high-profile fans. When he was US President, Barack Obama posed with one of his installations – monochrome life-size men sitting on park benches in Washington – and Bill Clinton has a sculpture in his office, as does Lady Gaga in a music video.

“That is the magic of Lego,” he says of his popularity. “It has become a universal language in a way.”


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Sawaya’s Master Builder status means he can buy all his bricks directly from Lego in bulk – not possible for us Lego civilians. He used to buy sets in toy shops and on eBay when starting out; now he can email asking for 500,000 red 2x4 bricks, say, and Lego ships them to him on wooden pallets. He has six million bricks on hand at his studio in Los Angeles. “Millions of each colour and shape and size,” he says. “And they’re all organised by shape and colour.”

He works away for hours at a time in his studio, with his dogs obediently at his feet, in what he describes as a “trance”. He plans designs on special “brick paper” like graph paper, but sometimes he free-builds from his imagination. “I do often see the world in rectangles,” he says, and sometimes he even dreams in bricks.

Just like children do with Lego sets, he simply snaps the bricks together – though he does dab glue between each brick, which triples the time it takes. He describes it as “therapeutic”, but says making a mistake can be “heartbreaking” – he can lose days and weeks of work at a time. “There may be times where I start questioning my choices in life,” he smiles.


Photos: Copyright Jane Hobson

Sawaya faced snobbery from the art world when he first began approaching galleries as a Lego artist. “Oh, is that cars and trucks and little castles?” was the response. He feels it’s now a more acceptable medium. “It makes art accessible,” he says. “And in doing that, it democratises the art world a bit. It allows people to relate to the art. Everyone has snapped a brick together at one point, every child has played a little bit with Lego.

“As an artist, my role is to inspire. And what better way to do it than through a medium everyone is familiar with? If someone sees a marble statue, they can appreciate it, but very few people have marble at home they can chip away at.”

The first Lego creation Sawaya can remember making was a little house, when he was first given the toy at the age of five. He then made a city that grew to 36 square feet. When he was ten, he was desperate for a dog. His parents refused, so he tore all his creations down and built a lifesize one. “It was blocky and very multi-coloured, of course,” he says. “But it was that ‘Aha!’ moment – when I realised it doesn’t have to be on the front of the box. It can be whatever I want.”

The Art of the Brick: DC Super Heroes is on at Upper Ground, Southbank, London, until 3 September 2017.

Anoosh Chakelian is senior writer at the New Statesman.

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