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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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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In Snowden, Joseph Gordon-Levitt seems to absorb the spirit of the whistleblower

Gordon-Levitt makes Snowden’s mot­ives transparent without ever fully dropping his guard. It is reassuring that a film in which people are spied can still have a protagonist who remains essentially unknowable.

Laura Poitras’s Oscar-winning 2014 documentary Citizenfour captured the precise moment at which Edward Snowden turned whistleblower after quitting his job at the NSA. Is there room for another film on the same subject? Oliver Stone’s fictionalised account, Snowden, would suggest not. In effect, it admits defeat from the get-go by using the making of Citizenfour as a framing device, incorporating flashbacks to show what led Snowden to commit the security breach that exposed the extent of US government surveillance. Cooped up in a Hong Kong hotel room with him as he spills the beans are Poitras (Melissa Leo) and the Guardian journalists Glenn Greenwald (Zachary Quinto) and Ewen MacAskill (Tom Wilkinson), who put on their best ­listening faces and try to forget that all of the most interesting scenes are happening in other parts of the film.

What Snowden has in its favour is an economical performance by Joseph Gordon-Levitt which is mysterious without being aloof, cool but never cold. The actor gets the voice right (it’s a benign rumble) and though he is physically dissimilar to the real Snowden, that need be no barrier to success: look at Anthony Hopkins in Stone’s Nixon. Gordon-Levitt is absorbed by the role like water vanishing into a sponge. When the real Snowden pops up to stare wistfully off into the distance (there’s a lot of that here), it can’t help but be a let-down. People are so bad at playing themselves, don’t you find?

Gordon-Levitt makes Snowden’s mot­ives transparent without ever fully dropping his guard, and it is reassuring that a film in which people are spied on through the webcams of dormant laptops can still have a protagonist who remains essentially unknowable. The script, written by Stone and Kieran Fitzgerald, pulls in the opposite direction, allowing every character to deliver a remark of nudging innuendo. When Snowden is discharged from the army after injuring himself, a doctor tells him: “There are plenty of other ways to serve your country.” When he is approved for a job at the CIA, Snowden tells his employer: “You won’t regret this.” What we have here, give or take the strip club scene in which a pole dancer is filmed from an ungallantly low angle, is a more sober Stone than the one who made JFK and Natural Born Killers but he still can’t resist giving us a few deafening blasts of the old irony klaxon.

Though we know by now not to expect subtlety, Stone’s storytelling techniques are still surprisingly crude. When Snowden’s girlfriend, Lindsay (Shailene Woodley), complains that he has become distant, that he doesn’t touch her any more, the viewer is likely to wonder why that point had to be expressed in soap-opera dialogue rather than, say, action or camera angles. After all, the film was more than happy to throw in a superfluous sex scene when their love life was hunky-dory.

But when Stone does make his points visually, the cringe factor is even higher. He used carnivorous imagery in Nixon – a bloody steak stood in for murder – and the new film doesn’t take the vegetarian option either. Snowden is already starting to be alarmed by surveillance tactics when he goes hunting with his boss, Corbin O’Brian (Rhys Ifans). The pheasants they kill are barbecued in sizzling close-up, providing a buffet of symbolism. Snowden is going to be grilled. His goose is cooked. He’s dead meat.

An early scene showing him establishing contact with Poitras and Greenwald by an exchange of coded phrases (“What time does the restaurant open?” “Noon. But the food is a little spicy”) suggests that Stone intends to have fun with the story’s espionage trappings. The movie falls between two stools, however, lacking either the irreverence of satire or the tautness of a well-tooled thriller. At its most effective moments, it floats free of irony and captures a quaint, tactile innocence. We see Snowden communicating in sign language with an NSA colleague to avoid being eavesdropped on, or sitting in bed with a blanket over him as he taps away at his laptop. He is only hiding his passwords but he looks for all the world like a kid reading comics by torchlight after his mother has said: “Lights out.”

Ryan Gilbey is the New Statesman's film critic. He is also the author of It Don't Worry Me (Faber), about 1970s US cinema, and a study of Groundhog Day in the "Modern Classics" series (BFI Publishing). He was named reviewer of the year in the 2007 Press Gazette awards.

This article first appeared in the 08 December 2016 issue of the New Statesman, Brexit to Trump