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of intellectual property and growth, commissioned by the prime minister, has provided a roadmap for updating the UK’s outdated copyright laws.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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Edinburgh in the time of Harry Potter - growing up in a city that became famous for a book

At first, JK Rowling was considered a local author done good, rather than fiction’s future megastar. 

In an Edinburgh playground, circa 1998, I found myself excluded from one of the world’s first Harry Potter cliques. My best friend Sophie had a copy of a book with a title which seemed indecipherable to me, but she insisted it was so good she couldn’t possibly let me read it. Instead, she and the other owner of a book huddled together in corners of our concrete, high-walled playground. I was not invited.

Exclusion worked. Somehow I procured a copy of this book, rather sceptically read the praise on the cover, and spent the next day avoiding all company in order to finish it. After my initiation into the small-but-growing clique, I read the second book, still in hardback.

Edinburgh at that time was something of a backwater. Although it still had the same atmospheric skyline, with the castle dominating the city, the Scottish Parliament was yet to open, and the Scottish banks were still hatching their global domination plans. The most famous author of the moment was Irvine Welsh, whose book Trainspotting chronicled a heroin epidemic.

In this city, JK Rowling was still considered to be a local author done good, rather than fiction’s future megastar. She gave talks in the Edinburgh Book Festival, a string of tents in the posh West End Charlotte Square. By the time I saw her (Harry Potter and the Prisoner of Azkaban, hardback edition, 1999), she had graduated from the tepee to the big tent reserved for authors like Jacqueline Wilson and Michael Rosen. At the end we queued up for the book signing, and she told me she liked my purple dungarees.

At that time, there were no films, and what the characters should look and sound like was a constant playground debate. Another member of the Harry Potter clique I spoke to, Sally*, remembers how excited she was that “she did the same voice for Hagrid that my mum did when she was reading it to me”.

About the same time, a rumour spread around school so incredible it took a while to establish it was true. JK Rowling was moving to the street where some of our Harry Potter clique lived. We started taking detours for the privilege of scurrying past the grand Victorian house on the corner, with its mail box and security keypad. The mail box in particular became a focus of our imagination. Sophie and I laboured away on a Harry Potter board game which – we fervently believed – would one day be ready to post.

Gradually, though, it was not just ten-year-olds peeping through the gate. The adults had read Harry Potter by now. Journalists were caught raking through the bins.

Sally recalls the change. “It was exciting [after she first moved in], but as it was just after the first book it wasn’t as much of a big deal as it soon became,” she recalls. “Then it just felt a little bizarre that people would go on tours to try and get a glimpse of her house.

“It just felt like an ordinary area of town with ordinary people and it made me realise the price that comes with fame.”

Edinburgh, too, began to change. As teenagers (Harry Potter and the Order of the Phoenix, 2003) we liked to gather at the Elephant House cafe, on the bohemian George IV Bridge. We knew it was one of the cafes JK Rowling had written in, but we also liked its round wooden tables, and its bagels, and the fact you got one of the hundreds of miniature elephants that decorated the café if your bagel was late. It became harder and harder to get a seat.

We scoffed at the tourists. Still, we were proud that Harry Potter had put our city on the map. “As I grew older, it was fun to think of her writing the books in local cafes and just being an ordinary person living in Edinburgh with a great imagination,” Sally says. As for me, it was my trump card during long summers spent with bored Canadian teenagers, who had not heard and did not care about anything else relating to my teenage life in Scotland.

The last in the series, Harry Potter and the Deathly Hallows, was published in July 2007, a month after I left high school. Not long after that, I left Edinburgh as well. The financial crash the following year stunned the city, and exiled graduates like me. I fell out the habit of reading fiction for fun. JK Rowling moved to a house on the outskirts of Edinburgh, ringed by 50 foot hedges. The Scottish independence referendum divided my friends and family. On Twitter, Rowling, firmly pro-union, was a target for cybernats.

Then, two years ago, I discovered there is another Harry Potter city – Porto. As in Edinburgh, medieval passageways wind past stacked old houses, and the sea is never far away. JK Rowling lived here between 1991 and 1993, during her short-lived marriage, and drafted the first three chapters of Harry Potter and the Philosopher’s Stone. In the university district, students wear black, ragged gowns, and the fantastical wooden carvings of the Livraria Lello bookshop is tipped to be the inspiration for some of the aesthetic Rowling applies to the books.

I don’t know whether it did or not. But it made me realise that no city can possess an author, and not only because she could afford to any part of the globe at whim. Standing in the bookshop and watching the students drift by, I could imagine myself in some corner of the Harry Potter world. And simultaneously, perhaps, some tourists queueing for a table at the Elephant House were doing the same.

*Name has been changed

Now read the other articles included in the New Statesman’s Harry Potter Week.

Julia Rampen is the digital news editor of the New Statesman (previously editor of The Staggers, The New Statesman's online rolling politics blog). She has also been deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines. 

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