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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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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Would the BBC's Nazi drama SS-GB have felt half so resonant a year ago?

This alternate history is freighted with meaning now we're facing the wurst-case scenario. 

Would SS-GB have felt half so resonant a year ago? Though the clever-after-the-fact Nostradamus types out there might disagree, I can’t believe that it would. When it comes to the Second World War, after all, the present has helpfully stepped in where memory is just beginning to leave off. The EU, in the process of fragmenting, is now more than ever powerless to act in the matter of rogue states, even among its own membership. In case you hadn’t noticed, Hungary, for instance, is already operating as a kind of proto-fascist state, led by Viktor Orbán, a man whom Jean-Claude Juncker, the president of the European Commission, jokingly likes to call “the dictator” – and where it goes, doubtless others will soon follow.

The series (Sundays, 9pm), adapted from Len Deighton’s novel, is set in 1941 in a Britain under Nazi occupation; Winston Churchill has been executed and the resistance is struggling to hold on to its last strongholds in the countryside. Sam Riley plays Douglas Archer, a detective at Scotland Yard, now under the control of the SS, and a character who appears in almost every scene. Riley has, for an actor, a somewhat unexpressive face, beautiful but unreadable. Here, however, his downturned mouth and impassive cheekbones are perfect: Archer, after all, operates (by which I mean, barely operates) in a world in which no one wants to give their true feelings away, whether to their landlady, their lover, or their boss, newly arrived from Himmler’s office and as Protestant as all hell (he hasn’t used the word “degenerate” yet, but he will, he will).

Archer is, of course, an ambiguous figure, neither (at present) a member of the resistance nor (we gather) a fully committed collaborator. He is – or so he tells himself – merely doing his job, biding his time until those braver or more foolhardy do something to restore the old order. Widowed, he has a small boy to bring up. Yet how long he can inhabit this dubious middle ground remains to be seen. Oskar Huth (Lars Eidinger), the new boss, is keen to finish off the resistance; the resistance, in turn, is determined to persuade Archer to join its cause.

It’s hard to find fault with the series; for the next month, I am going to look forward to Sunday nights mightily. I would, I suppose, have hoped for a slightly more charismatic actress than Kate Bosworth to play Barbara Barga, the American journalist who may or may not be involved with the British resistance. But everything else seems pretty perfect to me. London looks suitably dirty and its inhabitants’ meals suitably exiguous. Happiness is an extra egg for tea, smoking is practically a profession, and
the likes of Archer wear thick, white vests.

Swastikas adorn everything from the Palace of Westminster to Trafalgar Square, Buckingham Palace is half ruined, a memorial to what the Germans regard as Churchill’s folly, and the CGI is good enough for the sight of all these things to induce your heart to ache briefly. Nazi brutality is depicted here as almost quotidian – and doubtless it once was to some. Huth’s determination to have four new telephone lines installed in his office within the hour is at one end of this horrible ordinariness. At the other is the box in which Archer’s mutinous secretary Sylvia (Maeve Dermody) furiously stubs out her fag, full to the brim with yellow stars.

When I first heard about The Kettering Incident (Tuesdays, 12.20am; repeated Wednesdays, 10pm) I thought someone must have found out about that thing that happened one time I was driving north on the M1 with a more-than-usually terrible hangover. Turns out it’s a new Australian drama, which comes to us on Sky Atlantic. Anna (Elizabeth Debicki), a doctor working in London, pitches up back in Tasmania many years after her teenage friend Gillian disappeared into its Kettering forest, having seen a load of mysterious bright lights. Was Gillian abducted by aliens or was she, as some local people believe, murdered by Anna? To be honest, she could be working as a roadie for Kylie, for all I care. This ponderous, derivative show is what happens when a writer sacrifices character on the altar of plot. The more the plot thickens, the more jaw-achingly tedious it becomes.

Rachel Cooke trained as a reporter on The Sunday Times. She is now a writer at The Observer. In the 2006 British Press Awards, she was named Interviewer of the Year.

This article first appeared in the 24 February 2017 issue of the New Statesman, The world after Brexit