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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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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In the age of podcasts, the era of communal listening is over

Where once the nation would listen to radio events together, now, it is the booming podcast market that commands our attention

It’s a moment so celebrated that no TV drama about the Second World War is complete without it. At 11.15am on 3 September 1939, Neville Chamberlain made a live radio broadcast from Downing Street announcing that “this country is now at war with Germany”. A silence fell over the nation as people rushed to the wireless to hear him. The whole country was listening, but crucially, it was listening together.

Nearly eight decades later, it is difficult to imagine a communal audio event like that ever happening again. The arrival of the Walkman in 1979, since superseded by the iPod and then the smartphone, turned listening into a personal, solitary pastime. It was no longer necessary for families to get a radio on a hire-purchase arrangement and gather round it in the sitting room. The technology that delivers audio to us is now small and cheap enough for each of us to have one in our pocket (with headphones tangled around it, of course).

At the same time, the method of delivery changed, too. “Radio” ceased to indicate simply “programming transmitted by electromagnetic waves” in the late 1990s, when conventional radio stations began to make their output available on the internet. Online-only radio stations sprang up, streaming their shows directly to computers. Free from any regulation and with the internet as a free distribution platform, these early stations echoed the tone of pirate radio stations in the 1960s.

The idea of “audioblogging” – making short voice recordings available for download online – has been around since the early 1980s, but it wasn’t until 2004 that the word “podcasting” was coined by the technology journalist Ben Hammersley in an article for the Guardian. He was looking for a name for the “new boom in amateur radio” that the internet had enabled.

Thanks to technological advances, by the early 2000s, a podcaster could record a sound clip and upload it to his or her feed, and it would arrive automatically on the computer of anyone who had subscribed. Apple began to include podcasts as a default option on iPods; in 2008 iPhones offered a podcast app as standard. The market boomed.

Apple is notoriously reluctant to provide data on its products, but in 2013 it announced that there had been more than a billion podcast subscriptions through its iTunes store, which carried over 250,000 podcasts in 100 languages. In 2016, Edison Research released a study suggesting that 21 per cent of all Americans over the age of 12 had listened to at least one podcast in the past month – roughly 57 million people. Audiobooks, too, are booming in this new age of listening; the New York Times reported that
although publishing revenue in the US was down overall in the first quarter of 2016, digital audio sales had risen by 35.3 per cent.

The vast share of this listening will be solitary. This is because audio is a secondary medium. For all the talk about the rise of “second screening”, it isn’t really possible to do much more than idly scroll through Twitter on your phone as you watch television, but you can easily get things done while you listen to a podcast. Put on a pair of headphones, and you can go for a run or clean out the oven in the company of your favourite show. In this sense, the medium has been a game-changer for commuters and those doing repetitive or manual work: there’s no longer any need to put up with sniffling on the train or your boss’s obsession with Magic FM.

Though podcasts are an internet phenomenon, they have managed to remain free from the culture of trolling and abuse found elsewhere. It is difficult to make audio go viral, because it’s tricky to isolate a single moment from it in a form that can be easily shared. That also deters casual haters. You can’t just copy and paste something a host said into an insulting tweet.

Our new and solitary way of listening is reflected in the subjects that most podcasts cover. While there is the occasional mega-hit – the American true crime podcast Serial attracted 3.4 million downloads per episode in 2014, the year it launched – most shows exist in a niche. A few hundred listeners who share the host’s passion for pens or for music from antique phonographs can be enough to sustain a series over hundreds of episodes (there are real podcasts on both of these topics).

This is also where the commercial opportunity lies. It costs relatively little to produce even high-quality podcasts, compared to TV or conventional radio, yet they can ­attract very high advertising rates (thanks to the dedication of regular listeners and the trust they have in the host). The US is far ahead of the UK in this regard, and podcast advertising revenue there is expected to grow 25 per cent year on year, reaching half a billion dollars in 2020. Where this was once a hobby for internet enthusiasts, it is now big business, with venture capitalists investing in new networks and production companies. The US network Gimlet attracted $6m in funding in 2015. However, in the UK, the BBC crowds out smaller, independent operations (the trade-off is that it makes undeniably outstanding programmes).

There is even a movement to make listening a communal activity again. The same hipsters responsible for the resurgence of vinyl sales are organising “listening parties” at trendy venues with high-quality sound systems. Live shows have become an important source of revenue for podcasters. Eleanor McDowall, a producer at the Falling Tree radio production company, organises subtitled “screenings” for podcasts in languages other than English. I even have a friend who is part of a “podcast club”, run on the same lines as a monthly book group, with a group of people coming together to discuss one show on a regular schedule.

The next big technological breakthrough for audio will be when cars can support internet-based shows as easily as conventional radio. We might never again gather around the wireless, but our family holidays could be much improved by a podcast.

Caroline Crampton is assistant editor of the New Statesman. She writes a weekly podcast column.

This article first appeared in the 16 February 2017 issue of the New Statesman, The New Times