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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Long Road From Jarrow: a revolutionary tale of long-distance protest

Stuart Maconie tells the story of the men who marched from Tyneside to London.

There were several long-distance protest marches to London between the wars. Some involved many thousands of marchers and some were met with violence, but the only one that is widely remembered today is the “Jarrow Crusade” of October 1936. From 1851 to the early 1930s, the Tyneside town of Jarrow had launched a thousand ships, from tankers and colliers to cruisers and battleships – but as a result of postwar government cost-cutting and a global economic downturn, the area’s main employer, the Palmers shipyard, was forced to close in 1933, putting thousands out of work.

In 1936, as unemployment dragged on and government support failed to materialise, Jarrow’s local council arranged for 200 out-of-work local men to march to parliament – accompanied by their MP, “Red Ellen” Wilkinson – to “obtain the sympathy of the general public” and petition Stanley Baldwin’s Conservative government to provide work for the town.

For the 80th anniversary of the march, Stuart Maconie, the current president of Ramblers – as the Ramblers’ Association is now known – retraced their steps to find out why their protest still resonates and how much England has changed over the past eight decades. Maconie’s eminence in pedestrian circles may be surprising to those who know him only as a cultural critic (Viz once ran a spoof Christmas television schedule listing a show called I Love Stuart Maconie’s Opinions) and as a coolly authoritative curator of BBC Radio 6 Music’s Freak Zone, but he has written several perceptive books based on his travels around an England that now feels to him “febrile and uncertain”.

This blend of travelogue and social commentary is self-consciously in the mould of Orwell and Priestley, but it also shares something of Patrick Leigh Fermor’s awareness and ability to bluff his way through awkward situations. While Leigh Fermor broke bread with Austrian aristos and Transylvanian lumberjacks, Maconie hitches lifts from Northamptonshire window-fitters, or blags a curry in a Leeds gurdwara.

Maconie’s passion for places and his pungent turn of phrase also call to mind Ian Nairn, who would dignify unfashionable towns with serious appraisal, or Robert Macfarlane, with his appreciation for even the “sub-countryside” that rings our towns. Newcastle’s thrilling buildings “crowd and elbow each other sideways to get into shot like excitable kids”. Civic Barnsley gives the impression of a Baltic seat of government, while commercial Leicester evokes the souks of Tangiers. In the “mountain stronghold” of Sheffield, he sees a “strapping, over-vigorous city” where forging steel gave the “Dee-Dars” (Sheffield folk) a unique Yorkshire virility. He has righteous scorn for architectural academics who enthuse over the “monumental dissonance” of brutalist Newton Aycliffe new town and riffs amusingly on cupcake fads, vaping shops and the ubiquity of salted caramel.

Maconie’s wandervogeling between record shops and twee museums is diverting, though there are some Wikipedia-heavy longueurs (and some clangers have crept in: Chester-le-Street is in Durham, not Northumberland, and the Tory benefactor John Jarvis was not the MP for South Shields, which is the only constituency created in the Reform Act 1832 never to have returned a Conservative). But this is a more explicitly political tract than Maconie’s previous works, and he clearly has something to get off his chest – namely his despair at the Labour Party. Maconie identifies as “unashamedly of Attlee’s patriotic leftist strain” and sees in Jeremy Corbyn “a spartist dinosaur reeking of hummus and hemp and definitely not the smoky fires of industry”.

This book was written before the election in June but its result would probably have confirmed Maconie’s pessimism. For all the rallies, marches and excitable hashtaggery, Labour has suffered its third consecutive defeat and hasn’t had a Blairless general election victory for 43 years.

What can we learn from the Jarrow marchers? Maconie writes, “The Jarrow men essentially came politely and with cap in hand, without the dangerous whiff of revolutionary sulphur of the older communist marches” – yet this is not to patronise them. It was a deliberate strategy. Even then, there was a view that marching and demonstrations were self-indulgent and unserious. Unless handled carefully, they could repel as much as they could galvanise. The organisers ensured that the march demonstrated discipline and dignity, and made the very reasonable demand for work, not handouts.

In Labour’s north-eastern heartland, for every firebrand such as Ellen Wilkinson, there were dozens more stolid Labour moderates: respectable Methodist lay preachers and pragmatic union men who knew that social progress was hard won and that electing Labour governments was extraordinarily demanding. There’s a martial and Stakhanovite strain in Geordie culture, and around 60 per cent of those unemployed riveters and platers were First World War veterans. Photographs usually show them marching smartly in step, their blankets tightly rolled, demonstrating their endurance and good order in a deliberate appeal to Middle England. Conditions in Jarrow were so desperate that “reaching out” had to be taken seriously, so churchmen were courted, communists were weeded out and there were no “Tory scum” banners.

The immediate impact of the march was limited (an old joke in the town is that it was Hitler who saved Jarrow – by generating war work for the yards). But as A J P Taylor once put it, middle-class people felt “the call of conscience”, and Jarrow was remembered when votes were cast in the 1945 general election. With yet another Conservative government refusing to budge, it is hard to avoid Maconie’s conclusions that persuading the uncommitted is as vital as ever and that Labour needs “fewer ideologues and a few more psephologists”. 

Dan Jackson writes on Northumbrian history. He tweets as @northumbriana

Long Road From Jarrow: a Journey Through Britain Then and Now
Stuart Maconie
Ebury Press, 368pp, £16.99

This article first appeared in the 20 July 2017 issue of the New Statesman, The new world disorder