We shouldn't play fast and loose with intellectual property

Copyright reform needs to be handled carefully.

In his recent blog post, Benjamin White of the British Library sets out a vision for copyright in the 21st century wholly at odds with the reality of life in 2012. Everywhere one looks in the digital economy, content creators and the companies which support them are working within the copyright framework to ensure that works are available online. It might not be perfect yet – very few developing technologies are – but we are clearly well on the way to making it so. 

The case for radically altering the copyright framework is simply not made. Yes, there is a strong case for making necessary, minor amendments. British creators supported such proposals when they were first made by the Gowers Review in 2007 and we support their reiteration by Hargreaves in 2011. We at the Publishers Association have also taken the lead in developing the Copyright Hub, a proposal for developing online licensing taken forward by Richard Hooper, based upon a Hargreaves recommendation.

Publishers are also leading the way in developing data and text mining, ensuring that licences are similar across different platforms and working towards a “click-through” process.  But to ensure that the systems that promote this technology are not compromised, and to ensure that valuable data repositories are not exposed to mass infringement, it is vital to ensure that mining processes are governed by a system of  managed licensed access. The blunt tool of a copyright exception would damage legitimate users of mining technology and is the wrong answer where the key question is the need for uniform technological standards.

The problem of orphan works is already being addressed, both by the EU’s Orphan Works Directive, adopted in September 2012, and the UK’s own provisions, currently moving through Parliament in the Enterprise & Regulatory Reform Bill. White fails to mention the development of the ARROW project (the Europe wide programme to develop an automated rights registry for orphan works. (ARROW’s trial with the British Library indicates that some 21 per cent of its works are orphan – significantly less than the 40 per cent that the BL estimates.) The British Library believes it should not have to pay for use of these in-copyright works; but respect for copyright and an acknowledgement that the enjoyment of a work should be associated with a payment, is a fundamental cornerstone of intellectual property.

Reform of copyright requires careful study and analysis. The Hargreaves Review failed to provide detailed economic research to back up many of its claims and the Review leader has publicly confessed that many of the economic benefits were guesses. Some proposals were not subject even to an estimate. So before the government and parliament go any further with taking forward reform proposals, they should ensure that there has been a robust, thorough and balanced assessment of their impact. In particular, proposals which would have the effect of undermining investment, growth and jobs in the creative and knowledge sector should be sent back to the drawing board.

Richard Mollet is chief executive of the Publishers Association

Books at the Bodleian Library's storage facility in Swindon (Photo: Getty Images)
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Philip Lancaster's War Passion draws on beautiful material – but lacks feeling

With a lot of commemorative art to compete with, the premiere of Lancaster's new piece could have used, well, more passion.

In a letter home from the front, dated May 1917, Wilfred Owen wrote, “Christ is literally in no-man’s-land.” He was referring to the prevalence of Catholic iconography in rural France and commenting that even the statues he saw everywhere were not immune to war wounds. In the opening of his poem “At a Calvary Near the Ancre”, he took this imagery and wrote of a roadside statue of the crucified Christ: “In this war He too lost a limb . . .” Decades later, the poem became one of nine set to music by Benjamin Britten for his War Requiem, cementing the connection between the suffering Christ and the losses of the First World War.

It is this parallel that Philip Lancaster has sought to explore in War Passion, his new work for chamber choir, ensemble and soloists which premiered at the Three Choirs Festival in Gloucester on 24 July. Lancaster, like Britten, has used the poetry of the First World War, interspersed with other, often religious texts. His selections range across a number of poets who died in or survived the war, including Edward Thomas, Siegfried Sassoon, Julian Grenfell, Edmund Blunden and Robert Graves.

The choice of texts is intriguing, as several of the poets from whose work he borrows were openly atheist or anti-Church at the time of the war. For instance, the last entry in Edward Thomas’s war diary, written shortly before he was killed at the Battle of Arras in 1917, was: “I never quite understood what was meant by God.” You wonder what he and others of similar mind might have made of the inclusion of their work in a Passion.

The piece is intended, on one level, as a narration of Christ’s Passion according to the Gospel of Mark, and also as a commentary on the parallels between the sacrifice of Jesus and that of the soldiers. The opening contains some of the best music in the work:
a merging, intertwining dialogue between two cellos that sets a sombre, eerie mood.

A lot of the effect of this section was lost in performance, however, once the full orchestra and chorus got going. The sound of the former was so overpowering that the words of Grenfell’s “Into Battle” (the first poem of the sequence to be used) were mostly inaudible. This remained true throughout the 67 minutes of the piece as the narrator and other characters, as well as the chorus, were all but drowned out by the ensemble, a situation that was not helped by the blurry acoustics of Cirencester Parish Church. For a piece that relies so heavily on the interaction of different texts, this was a problem.

An exception to this was the soprano aria fashioned from Isaac Rosenberg’s “The Tower of Skulls” for the Golgotha section of the Passion, in which the soloist Anna Gillingham made full use of her higher notes to bring a piercing, unearthly quality to the “gleaming horror” of the poet’s vision of “layers of piled-up skulls”. The chorale-like chorus setting of parts of “The Death Bed” by Sassoon also came across well. In general, the music was unremarkable – self-consciously contemporary and percussive with lots of dissonance and rhythmic shifts, but lacking the harmonic underpinning or depth of feeling that would make it particularly memorable.

The various First World War centenaries that are being celebrated at the moment have provided us with an awful lot of war-related cultural output – from exhibitions to plays and everything in between. To stand out in this crowd, a new offering has to give us a fresh perspective on what are commonly known events and images. The parallel of the suffering of Christ with that of the soldiers on the Western Front is well worn almost to the point of cliché, as evidenced by Wilfred Owen’s use of it. Even the war memorial outside the church where the War Passion was premiered is topped with a carving of the crucifixion.

Alongside Lancaster’s Passion, the St ­Cecilia Singers gave us Herbert Howells’s Requiem. Howells wrote this relatively short, unaccompanied work in the 1930s, partly in response to the death of his nine-year-old son, Michael, from polio, but it wasn’t performed until the early 1980s, just before the composer died.

This was an atmospheric performance, though it was slightly marred by the perennial problems of amateur choirs: falling pitch, poor diction and quavery tenors. But the two hushed settings of the Latin text “Requiem aeternam dona eis” were admirably focused, and more evocative than ­everything else on the programme.

Caroline Crampton is web editor of the New Statesman.

This article first appeared in the 28 July 2016 issue of the New Statesman, Summer Double Issue