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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Provocations from a modern master: Andrew Marr on David Hockney

A History of Pictures by David Hockney and Martin Gayford gleefully punctures the pretentiousness of the art world.

We live in a picture-drunk world. A medieval artisan would have been aware, at best, of only a few representations of the three-dimensional world – church paintings, perhaps crude carvings in a churchyard, graffiti on walls. For us, pictures are everywhere, on
screens of all shapes and sizes, on hoardings, in books, on the sides of buildings. They move, they pulsate with digital complexity and they sprawl and glare until they tire our eyeballs and bore us senseless.

This is a book that aspires to be nothing less than a history of pictures, taking drawing, photography, film-making, digital art and painting in parallel and tracking the interrelationships and the borrowing that each involves. That is a huge ambition, far too large for any single volume, yet ­David Hockney and Martin Gayford respond with lively expeditions in many directions and a staccato half-conversation that will keep any intelligent person amused and intrigued for its 350 or so pages.

No practitioner of “fine art” has placed himself at the centre of our culture quite as Hockney has. What he says about smoking or porn makes news. His exhibitions attract vast crowds. He is followed by reverential film-makers, avid biographers and snaking queues of ordinary folk who simply love his bright and life-enhancing images. He also intervenes to ask big questions about the nature of picture-making and the relationship between painters and photography, in a way that no other contemporary artist seems to do.

In all this – and in his tireless enthusiasm for new technologies in picture-making, as well as his curiosity about the rich and powerful – he is surely the Walter Sickert of our times. Sickert’s opinions, as well as his readiness to use photographic images to expand his art, allowed him to bestride British public life in the first half of the 20th century, very much as Hockney does today. Sickert, whose early work the public preferred, produced shockingly modern images of Baron Beaverbrook, Churchill and the celebrities of the interwar years. And so, this year, Hockney had his quickly painted acrylic portraits of the art world’s rich and Botoxed powerful, skewered to their chairs, glaring down at us in the “82 Portraits and 1 Still-life” exhibition at the Royal Academy in London. Both men were gifted with an almost divine facility; both struggled to overcome it, to produce pictures that could be regarded as properly “modern”.

Here, Hockney is paired with Martin Gayford, the author of excellent books on Hockney, Lucian Freud and many other artists, and a reliable, hugely knowledgeable Tonto on this journey. As they take off to discuss a wide range of subjects – shadows, pre-photography use of cameras and lenses, perspective, cubism, abstraction, film-making, digital art – the differences between them become increasingly sharp.

Hockney, with his strong and now familiar views, brings the perspective of a mark-maker to every subject: “If you’re told to do a drawing using ten lines or a hundred, you’ve got to be a lot more inventive with ten. If you can only use three colours, you have got to make them look whatever colour you want.” Gayford, who sometimes picks up on a Hockney challenge and sometimes ignores it, brings a seemingly bottomless knowledge of the history of art and is always a great looker, whether his subject is a Velázquez or Dada.

There is a certain degree of unintentional comedy here, Hockney repeatedly cantering off with an anecdote or salty personal view and Gayford gamely wrenching us back to the high road, but it’s all enormously good-humoured and entertaining. There is so much pretentious cack talked nowadays about art theory that it’s a relief to find an artist ready to use his experience as a film buff, or his thoughts on the manipulation of photographs in the press, to speak about “high art”.

“Walt Disney was a great American artist,” Hockney writes. “He might be a bit sentimental but what he did was quite an achievement. Who were the most famous stars of the 1930s and 1940s? Mickey Mouse and Donald Duck.” And, a page later: “Look at the camels in Adoration of the Magi by Giotto, from the Scrovegni Chapel, Padua, painted in the early 14th century. There’s Walt Disney.”

These are the kinds of stuff that would get laughed out of court in the pompous art world. The same goes for this (­Hockney again): “Art doesn’t progress. Some of the best pictures were the first ones. An indiv­idual artist might develop because life does. But art itself doesn’t.” Most academic writers would hedge such starkness but Hockney doesn’t. Again, very Walt Sickert.

So, where do these conversations take us when it comes to the biggest question for contemporary painting: what should a picture look like in 2016? There are so many derivative, unnecessary and tedious pictures all around us, and so much has been done so well for so long, that this is a real poser.

Hockney’s lifelong struggle with being an artist in a photography-dominated culture has rarely lured him away from the duty of representation or, to put it more crudely, drawing. He experimented with Picasso-influenced, semi-abstract pictures but not for long. He used photographic collages to investigate space but, again, not for long. His love of Chinese art and his inquisitive enthusiasm for graphic artists such as Joe Sacco
have allowed him to find ways to put chemical photography firmly back in its box:

People like Mondrian appear heroic, but in the end his pure abstraction was not the future of painting. Neither Matisse nor Picasso ever left the visible world. It was Europeans who needed abstraction, because of photography. The Chinese would have always understood it. But they did not need it . . . Photography came suddenly and late to China.

On almost every page, there is an interesting provocation. I suppose, for Hockney, his answers are what he makes, not what he writes. However, I would hate to end this review without making clear that Gayford brings perspectives and shape here that are hugely useful. This is not David Hockney Bangs On (a book that I would rush out to buy). There is apparently a far bigger book coming shortly, a kind of printed permanent exhibition of Hockney’s art, a book so big that it requires – literally – an easel, and a mortgage. Sickert would have found that very funny. Meanwhile, start here.

Andrew Marr’s books include “A Short Book About Drawing” (Quadrille)

Andrew Marr is a broadcaster and journalist. Formerly the BBC’s Political Editor, he presents the Andrew Marr Show on BBC1 on Sundays and Start the Week on Monday mornings on Radio 4.

This article first appeared in the 20 October 2016 issue of the New Statesman, Brothers in blood