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 you should watch BBC3's This Country

The show is a masterclass in the idiosyncrasies triggered by rustic boredom.

“In rural Britain today, studies show that young people feel more marginalised than ever. To explore this problem, the BBC spent six months filming with some young people in a typical Cotswold village.”

These words appear over cute aerial shots of Northleach, Gloucestershire, in the opening moments of the BBC3 mockumentary, This Country, which has just been confirmed for a second season. Cut to cousins Kerry and “Kurtan” Mucklowe, both clearly in their late 20s, squabbling like children over the top shelf in the oven or pointing out where they experienced such thrilling celebrity sightings as Laurence Llewelyn-Bowen.

Written by brother and sister Daisy May Cooper and Charlie Cooper, who also play the leads, This Country is a masterclass in the idiosyncrasies triggered by rustic boredom. “I’ve got enemies in South Cerney, I’ve got enemies in North Cerney, I’ve got enemies in Cerney Wick,” Kerry boasts in her broad Gloucestershire accent. “Oh, having a picture of your winning scarecrow on the front of the Gazette is sad, is it?” Kurtan says sarcastically.

I tell myself that, as a Gloucestershire girl, This Country speaks to me because I’m in on jokes about how “it takes Gramps four hours to drive from Gloucester”, but the fact is it’s just really, really funny. Kerry and Kurtan are ridiculous but, based on Daisy and Charlie and their real experience of financial struggle on moving back to Cirencester, they are drawn with love.

“You’ve just got to live in the moment and appreciate what’s around you,” Kurtan philosophises. “Because while you’re pining for Noel Edmonds’s House Party, you’re missing out on Alan Carr’s Chatty Man.” Don’t miss out on This Country

“This Country” is on iPlayer until 6 August

Anna Leszkiewicz is a pop culture writer at the New Statesman.

This article first appeared in the 27 July 2017 issue of the New Statesman, Summer double issue