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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Why is Alan Dein so good at getting his interview subjects to talk?

The presenter of BBC Radio 4’s Aftermath never traps or exhausts his subjects – he just gets them to open up.

“I like to feel like I’m a conduit, an enabler – does that sound soppy?” After listening to a couple of episodes of his exceptional new series, Aftermath (23 January, 8pm), I wanted, not for the first time, to know what drives the oral historian Alan Dein to keep making the sorts of radio programmes that he has made for the past 20 years. These include the award-winning Lives in a Landscape and Don’t Hang Up – ostensibly uncomplicated exchanges with people going about their daily lives, sometimes revealing very little, sometimes more than you can bear. (Landmark radio initiatives such as The Listening Project owe a great deal to Dein.)

In Don’t Hang Up recently, a woman mentioned that her grandmother had flown herself across Africa in a biplane in the 1930s. Dein always seems to have the same sort of response to any such information: lightly intrigued sympathy, shot through with an implacability, like a ship’s figurehead battling into the elements.

In Aftermath, he explores what happens to a community after it has been at the centre of a nationally significant event: Hungerford; Hyde in Manchester, post-Shipman; Morecambe Bay. Some of the most memorable parts of the first programme involve Dein simply driving around the streets of Hungerford with a resident. As the car’s indicator softly clicks, the interviewee points out the plethora of yew trees in that pretty Berkshire town. A great place to make cricket bats, the man thinks out loud, as Dein unhurriedly steers the conversation back in the vague direction of the shootings.

Dein never seems to set traps for his interlocutors, never exhausts them. And yet unhealed wounds are frequently bled. Has he always been good at getting people to talk? He tells me that when his dad took him as a kid to watch Arsenal play in the 1970s, he found he was always more interested in the crowd than in the match, in “looking at faces and wondering about how they spoke to each other”. He says that one question guaranteed to get someone talking is, “Why do you live where you do?” All things will unfurl from this: personal circumstances, family history, work. Communicated in that quintessentially undramatic Dein way, like puddles gently drying in a courtyard.

Antonia Quirke is an author and journalist. She is a presenter on The Film Programme and Pick of the Week (Radio 4) and Film 2015 and The One Show (BBC 1). She writes a column on radio for the New Statesman.

This article first appeared in the 19 January 2016 issue of the New Statesman, The Trump era