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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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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Sunjeev Sahota’s The Year of the Runaways: a subtle study of “economic migration”

Sahota’s Man Booker-shortlisted novel goes to places we would all rather not think about.

This summer’s crisis has reinforced the ­distinction that is often made between refugees, who deserve sanctuary because they are fleeing from conflict, and “economic migrants”, those coming to Europe in pursuit of “the good life”, who must be repelled at any cost. The entire bureaucratic and punitive capacity of our immigration system is pitted against these ne’er-do-wells and their impudent aspirations.

Sunjeev Sahota’s fine second novel, The Year of the Runaways, now shortlisted for the Man Booker Prize, takes a closer look at “economic migration”. Why do people – many of them educated, from loving families in peaceful communities – leave their old lives behind and come to Britain? Are they fleeing desperate circumstances or are they on the make? When they arrive here, do they find what they were looking for? Should we welcome them, or try to persuade them to stay at home? The book illuminates all of these questions while, much to its credit, offering no simple answers.

Sahota interweaves the stories of three people whose reasons for emigrating are as individual as they are. Both Avtar and Randeep are from Indian Sikh families that might be characterised as lower-middle-class. Avtar’s father has his own small business – a shawl shop – and Randeep’s father works for the government. Both boys are educated and Avtar, in particular, is smart and motivated. But with employment hard to come by and no social security net to fall back on, it doesn’t take much to make leaving the country seem like the only option. Avtar loses his job, his father’s business is failing and he has high hopes of earning enough to marry Lakhpreet, his girlfriend-on-the-sly. Randeep’s family’s finances fall apart after his father has a psychological breakdown; their only hope of maintaining a respectable lifestyle is for their eldest son to take his chances abroad.

For Tochi, the situation is very different. He is what used to be called an “untouchable” and, although people now use euphemisms (“scheduled”, or chamaar), the taboo remains as strong as ever. He comes to Britain not so much for financial reasons – although he is the poorest of the lot – but to escape the prejudice that killed his father, mother and pregnant sister.

Tying these disparate stories together is the book’s most intriguing character, Narinder, a British Sikh woman who comes to believe that it is her spiritual calling to rescue a desperate Indian by “visa marriage”. Narinder’s progress, from the very limited horizons for an obedient young woman to a greater sense of herself as an active participant in her destiny, reminded me of Nazneen, the protagonist in Monica Ali’s Brick Lane. But Narinder is a more thoughtful character and here the Hollywood-style journey of personal liberation is tempered by a recognition of the powerful bonds of tradition and family.

Once in Britain, Avtar, Randeep and Tochi enter a world of gangmasters, slum accommodation and zero job security, with an ever-present fear of “raids” by immigration officers. They work in fried chicken shops, down sewers, on building sites and cleaning nightclubs. Health care is off-limits for fear of immigration checks. Food is basic and the only charity comes from the gurdwara, or Sikh temple, which provides help in emergencies.

Avtar and Randeep struggle to send money back home while living in poverty and squalor that their families could barely imagine (at one point, Randeep notes with understandable bitterness that his mother has used his hard-earned contributions to buy herself a string of pearls). In the meantime, their desperation leads them to increasingly morally repellent behaviour, from selfishness to stealing and worse. Even if they do eventually find a measure of economic stability in Britain, they have done so at the cost of their better selves.

It has been pointed out that the novels on the Man Booker shortlist this year are even more depressing than usual and The Year of the Runaways certainly won’t have raised the laugh count. At times I had to put it down for a while, overwhelmed by tragedy after tragedy. It was the quality of Sahota’s prose and perceptions that brought me back. He is a wonderfully subtle writer who makes what he leaves unsaid as important as the words on the page. A wise and compassionate observer of humanity, he has gone to some dark places – places we would all rather not think about – to bring us this book. Whether we are prepared to extend a measure of his wisdom and compassion to real immigrants, in the real world, is another question.

“The Year of the Runaways” by Sunjeev Sahota is published by Picador (480pp, £14.99)

Alice O'Keeffe is an award-winning journalist and former arts editor of the New Statesman. She now works as a freelance writer and looks after two young children. You can find her on Twitter as @AliceOKeeffe.

This article first appeared in the 08 October 2015 issue of the New Statesman, Putin vs Isis