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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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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Politicians and fashion? Why their approach can be telling

My week, from spying on the spies to Theresa May’s fashion charm offensive – and how Sadiq stole hearts.

About nine months ago I was asked if I wanted to spend a morning with Zac Goldsmith, as he appeared to be wakening from the slumber that had obviously taken hold of him when he decided to run for mayor of London. However, after about three minutes in his company (maybe less, actually) I realised that not even his campaign team – let alone voters in the Borough of Southwark – thought he had a hope in hell of winning.

There was only ever going to be one winner, and the enthusiasm with which Sadiq Khan has been greeted by London has been heartwarming. He won the politician award at GQ’s Men of the Year Awards a few weeks ago, and I’d never heard such a roar as he leapt up on stage to collect it. Well, I’ve heard such roars for the likes of Michael Caine, Elton John and Amy Schumer, but rarely for a politician. In fact, the last time there was such fulsome applause for a politician at the GQ awards was when we gave one to a pre-Sextator David Blunkett. Perhaps I shouldn’t be surprised: the last time Noel Gallagher graced us with his presence, he asked: “Is this what a Conservative party conference looks like?”

 

On the dole

The recent past is being hauled over so repeatedly that soon there are going to be ­retrospectives of events that happened only last week. Or next week. On paper, the new exhibition at the V&A in London, entitled “You Say You Want a Revolution? Records and Rebels 1966-1970”, seemed slightly behind the curve, but the reality is very different – as it’s probably the best exhibition you’ll see in London this year.

This is all down to the curation, which was handled by Geoffrey Marsh and Victoria Broackes, the wizards behind “David Bowie Is”, the most successful show in the V&A’s history. It’s a terrific exhibition, although being reminded of the cultural and political insurrection of the Sixties also reminds you of the period’s seemingly innate optimism as a new London was mushrooming into life. Winston Churchill was dead, abortion was about to be made legal and the rise in happiness seemed exponential. Britain was experiencing almost full employment (though the government wobbled slightly in the spring of 1966 when it was announced that the jobless total had gone up to half a million). It never occurred to anyone that there might not be a job
waiting for them when they left school or their red-brick university.

 

Priced out

There certainly won’t be a house waiting for them, not if they intend to live in London. The marketing bods behind the new development at Battersea Power Station came in to make a presentation at Vogue House a few weeks ago, showing us lots of slides and videos about their fabulous ­development. There’s a Frank Gehry this and a Frank Gehry that, a swimming pool, a private members’ club and lots of artisanal independent retailers selling organic rhubarb and fancy beer, blah blah blah.

Their roll-call of “good things” included the ominous words “affordable housing”, but this appears to be anything but. After the presentation, I promptly stuck my hand up and asked them what they actually meant by affordable housing. The answer I got wasn’t satisfactory, so I asked again: “What does your entry-level accommodation cost?” And the very charming man with the lapel-mike coughed apologetically and almost whispered, “£350,000.” At which point I made my excuses and left.

The idea that my daughters can one day get on the property ladder in London is pure fantasy, and they certainly won’t be living in Battersea, or indeed anywhere near it.

 

Back in fashion

Last Thursday, Theresa May hosted her first reception at Downing Street for the British fashion industry, an event that usually takes place twice a year, and which is attended by fashion designers, industry figures, newspaper and magazine editors and the like. ­Samantha Cameron was always a significant supporter of the sector (which contributes more to the country’s GDP than the car industry), as was Sarah Brown before her, and it is instructive that May has decided to follow in their footsteps.

It’s also telling that Mrs Cameron was not only invited to the event at No 10 but turned up, which says a lot about both women. Theresa May is a fundamentally shy person, yet she not only made a pitch-perfect speech in front of a Brexit-sensitive (and quite possibly suspicious) crowd, but chose to embrace the opportunity to espouse the growing importance of an industry that was so closely associated with the wife of her predecessor. There is such a lot of noise at the moment surrounding the PM’s apparent lack of interest in remaining on good terms with David Cameron, so one wonders what, if anything, is going on here. Taken at face value, May’s move at the reception was extremely classy.

 

The spying game

The following day I found myself in Cheltenham for a five-hour briefing on counterterrorism, cyber-defence, drug smuggling and child kidnapping at GCHQ.

I had expected the place to be like the Foreign Office, but it’s actually more like Google, Apple or Nike, and feels as though it could easily be a campus on America’s “Left Coast”.

There is an incredible sense of purpose at GCHQ, a feeling that they are all working for the common good, and frankly I found it infectious. While the denizens of Silicon Valley might be very adept at pushing the frontiers of consumerism, designing training shoes, telephones and algorithms, it felt far more appropriate to be spending time with men and women obsessed with making the world safer.

Dylan Jones is the editor-in-chief of GQ and a trustee of the Hay Festival

This article first appeared in the 22 September 2016 issue of the New Statesman, The New Times