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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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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Why a Keeping Up with the Kardashians cartoon would make genuinely brilliant TV

The Kardashians are their own greatest satirists.

You’ve seen Keeping Up with the Kardashians, Kourtney and Kim Take Kyoto, and Kylie and Kendall Klarify Kommunications Kontracts, but the latest Kardashian show might take a step away from reality. Yes, Kartoon Kardashians could be on the way. According to TMZ, an animated cartoon is the next Kardashian television property we can expect: the gossip website reports that Kris Jenner saw Harvey Weinstein’s L.A. production company earlier this month for a pitch meeting.

It’s easy to imagine the dramas the animated counterparts of the Kardashians might have: arguments over who gets the last clear plastic salad bowl? Moral dilemmas over whether or not to wear something other than Balenciaga to a high profile fashion event? Outrage over the perceived betrayals committed by their artisanal baker?

If this gives you déjà vu, it might be because of a video that went viral over a year ago made using The Sims: a blisteringly accurate parody of Keeping Up with the Kardashians that sees the three sisters have a melodramatic argument about soda.

It’s hysterical because it clings onto the characteristics of the show: scenes opening with utter banalities, sudden dramatic music coinciding with close-ups of each family member’s expressions, a bizarre number of shots of people who aren’t speaking, present tense confessionals, Kim’s ability to do an emotional 0-60, and Kourtney’s monotonous delivery.

But if the Kardashians, both as a reality TV show and celebrity figures, are ripe for ridicule, no one is more aware of it than the family themselves. They’ve shared teasing memes and posted their own self-referential jokes on their social channels, while Kim’s Kimoji app turned mocking viral pictures into self-depreciating in-jokes for her fans. And the show itself has a level of self-awareness often misinterpreted as earnestness - how else could this moment of pure cinema have made it to screen?

The Kardashians are their own greatest satirists, and they’ve perfected the art of making fun of themselves before anyone else can. So there’s a good chance that this new cartoon won’t be a million miles away from “Soda Drama”. It might even be brilliant.

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