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)
Stavros Damos for the New Statesman
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A L Kennedy Q&A: “Of course we’re all doomed"

The novelist talks wise politicians, time travel and Captain Haddock. 

What’s your earliest memory?
I’m not sure my early memories are that real. I recall pulling a doorknob off in the hallway in an attempt to leave home, because I was walking away from salad and was never going back . . . Salad back then was limited and scary.

Who was your childhood hero?
I was fond of Captain Haddock. And impressed by Henry Dunant. My heroes were mainly in books. My adult heroes would be numerous. The Lakota (and other) folks resisting the Dakota Access Pipeline are amazing. Bill Nighy is quietly doing amazingnesses on behalf of others. The whole of Médecins sans Frontières – they’re extraordinary. Lots of people do amazing things but don’t get mentioned. We are constantly given the impression by politicians and the media that everyone else is a bastard. It’s not true.

What was the last book that made you envy the writer?
I don’t think that’s ever happened. I’m always happy to read a wonderful book. But I guess I have envied writers who have been to amazing places or lived in amazing times and been useful. Rebecca West, then, Chekhov, Robert Louis Stevenson.

What politician, past or present, do you look up to?
Nelson Mandela was very wise about a number of things. Václav Havel and Gandhi also. In the present, the mayor of Düsseldorf is pretty impressive. So is Nicola Sturgeon. They’re people you can stand to be in the same room with – which is unusual in politics.

What would be your Mastermind special subject?
Anything I enjoy knowing would get spoiled by having to sit and spit out chips of it. Plus: my memory is on temporary leave of absence while I have the menopause.

Which time and place, other than your own, would you like to live in?
I’d like to have visited Shakespeare’s London – awful to live there. The UK in 1946-50 would fascinate me. And I’d like to have been in the US for the Sixties.

What’s your theme tune?
Depends. Bits of Dylan, lots of Elvis Costello, “Bread and Roses”, some First World War songs.

What’s the best piece of advice you’ve ever received?
I was told that if I held on and passed my forties, life would be infinitely more fun. I did and it is.

What’s currently bugging you?
Don’t get me started. Let’s boil it all down to ambient cruelty and stupidity. We seem intent on becoming extinct. And if we go on as we are – we kind of should.

What single thing would make your life better?
I can’t tell you. But it would.

If you weren’t a writer what would you be?
No idea. I quite liked bits of acting – that’s tough, though. I like painting, in the sense of decorating. I wouldn’t mind being a painter.

When were you happiest?
I would imagine it’s all the times when I’ve forgotten about being me entirely and been completely involved in something other – nature, writing, giving a shit about someone else . . .

Are we all doomed?
Yes, of course. We always are. We all die. That’s why we ought to be kind. 

A L Kennedy’s “Serious Sweet” is newly published in paperback by Vintage. Her children’s book “Uncle Shawn and Bill and the Almost Entirely Unplanned Adventure” is published by Walker Books

This article first appeared in the 25 May 2017 issue of the New Statesman, Why Islamic State targets Britain

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