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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Britain's diversity crisis starts with its writers. Here's why

What happens on the casting couch draws the headline, but the problem starts on the page, says James Graham. 

I’m a playwright and screenwriter, which – pertinent to the issues we’ll be discussing in this enquiry – still feels weird to say. I get embarrassed, still, saying that, in a taxi or hairdressers. I don’t know why I still carry that insecurity about saying I’m a writer, but I do, because it sounds like I’m lying, even in my own head.

Obviously I’m completely biased, and probably overstating the influence and importance of my own profession, but I think so many of the problems surrounding lack of representation in the performing arts start with writers.

If we aren’t encouraging and generating writers from certain communities, classes or backgrounds to tell their stories, to write those roles, then there’s not going to be a demand for actors from those communities to play them. For casting agents or drama schools to prioritise getting diverse actors on stage. We need to create those plays and TV dramas –like the ones that I grew up with. I didn’t have any access to much theatre until I was fifteen, but I did have Boys From the Black Stuff, and I did have Cracker, and I did have Band of Gold. I think the loss of those regional producing bodies – Central, Granada – now all completely centralised into London, means that we just tell less of those stories. I remember a TV show called Boon – anyone? – which was set in Nottingham, and I would see on the TV streets I’d walked down, and think, Oh my God, that actor is walking down a street I’ve walked down. That sounds like it’s insignificant. If you’re from a town that is deprived, that feels ignored, it isn’t.

I was very lucky that at my school (which was, at the time, the largest comprehensive school in the country), from the headmaster down to the drama teachers, everyone just believed that working class kids should do plays. Be in plays, read plays, perform plays to the community. Both inside the curriculum of the school day, and outside it – drama teachers dedicating their time to staying behind. Our head of drama identified a group of us who clearly had a passion for it. We weren’t likely thesps. One lad’s entire family were made unemployed when the pit closed. Many lived on the big council estate. My parents and step-parents worked respectively in warehouses, the local council, or as the local window cleaner (incidentally, my first real job. Which I was terrible at).

Our drama teacher was encouraged and determined enough to launch the first ever Drama A-Level in our school. Based on that, about 10 or 12 of us got the confidence – or arrogance – to take our own show to the Edinburgh Festival. We were 16 or 17, and the first people in our community to ever go to visit the festival. We did a play up there, and after that, a psychological unlocking happened, where I thought: maybe I could do a degree in drama (it was the first time I had ever thought to do so) at university (the first in my family to go. Well, joint-first. My twin sister went on the same day, but I walked into my digs first).

I enrolled in drama at Hull University. A high proportion of my peers were middle class. A higher proportion from London or the South East. They talked often about institutions I had never heard of. They were talking about the National Theatre: I didn’t know we had a national theatre that my parents had been paying tax for that I had never been to. Many had performed with the (again, apparently) ‘National’ Youth Theatre, also in London. Paul Roseby, also on this panel, has made such leaps forward in getting the NYT producing in regional venues, and making auditions possible for people across the UK, but unfortunately, at the time, that wasn’t the case for me – and I was the ideal candidate to be in the National Youth Theatre.

I started writing because I had the confidence after I read texts by people like Jim Cartwright, Alan Bennett, John Godber, Alan Ayckbourn: Northern writers, working class writers that made me think it wasn’t just something that other people do.

After returning home, and working at local theatres, I moved down to London. I had to. The major new writing producers are there. All the TV companies are there. The agents are there. I was lucky to find support in a pub fringe theatre – though the economics meant there was no money to commission, so I wrote plays for free for about four years, that would get produced, and reviewed in the national press, while I worked various jobs in the day and slept for a time on a mate's floor. The first person to ever pay to commission me to write a play was Paul Roseby of the National Youth Theatre. I’m now very lucky to be earning a living doing something I love. In a way, compared to actors, or directors, it’s easier for writers who don’t come from a background that can sustain them, financially, in those early years. Your hours can be more flexible. Yes, it was annoying to miss rehearsals because I had a shift in a call centre, but it was still possible to do it. If you’re an actor or director, you’re fully committed. And if you’re doing that for nothing, there starts to be cut-off point for those from backgrounds who can’t.

I’m sure that local and regional theatres are the key to drawing in talent from less privileged backgrounds. But the range of national arts journalism that cover work outside London has been so significantly reduced. In our little echo chamber a few weeks ago, we theatre types talked about Lyn Gardner at the Guardian. Her coverage has been cut, which is very directly going to affect her ability to cover theatre shows outside of London – and so the self-fulfilling cycle of artists leaving their communities to work exclusively in London takes another, inevitable, turn.

I am culpable in this cycle. I have never done a play at the Nottingham Playhouse, my local producing house growing up – why? Because I’ve never submitted one, because I know that it will get less national press attention. So I just open it in London instead. That’s terrible of me. And I should just bite the bullet and say it doesn’t matter about the attention it gets, I should just go and do a story for my community. And if I, and others, started doing that more, maybe they will come.

I also want to blame myself for not contributing back to the state schools that I come from. I really really enjoy going to do writing workshops with kids in schools, but I would say 90 per cent of those that I get invited to are private schools, or boarding schools, or in the South of England. Either because they’re the ones that ask me, because they’re the ones who come and see my shows in London and see me afterwards backstage, or because they have the confidence to email my agent, or they have the budget to pay for my train ticket. Either way, I should do more. It would have helped the younger me so much to meet a real person, from my background, doing what I wanted to do.

I don’t know how to facilitate that. I take inspiration from Act for Change, creating a grassroots organisation. I know that there is a wealth of industry professionals like me who would, if there was a joined-up structure in place that got us out there into less privileged communities, we would on a regular basis go to schools who don’t get to meet industry professionals and don’t unlock that cultural and psychological block that working class kids have that says, that is not for me, that is something that other people do, I would dedicate so much of my time to it. That’s just one idea of hopefully better ones from other people that might come out of this enquiry.

James Graham is a playwright and screenwriter. This piece is adapted from evidence given by James Graham at an inquiry, Acting Up – Breaking the Class Ceiling in the Performing Arts, looking into the problem of a lack of diversity and a class divide in acting in the UK, led by MPs Gloria De Piero and Tracy Brabin.