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)
BBC/ ITV Cradle Ltd/Matt Squire
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Is Danny Baker a “bona fide genius”? Not in his new show

The clichéd decade: Cradle to Grave and Danny and the Human Zoo reviewed.

I’m not qualified to rule on whether or not Danny Baker is, as the newspapers insist, a “bona fide genius”; I gave up listening to the ever more blokeish BBC Radio 5 Live a while ago, and I’m too young to remember the supposedly fantastic pieces he delivered to the NME back in the day (I read that they were even more amazing than those of Tony Parsons, which is saying something, isn’t it?). But I can tell you this: his new autobiographical comedy series, Cradle to Grave (Thursdays, BBC2, 9pm), displays no evidence at all of his talents, brilliant or otherwise. Anecdotes that just peter out. Jokes that fail to hit home. Misplaced nostalgia. Honestly, what’s the point? If you want 1974 – and quite a lot of us seem to, if the performance of Jeremy Corbyn is anything to judge by – you’d be better off treating yourself to a box set of the eternally satisfying Whatever Happened to the Likely Lads?.

The series, co-written with Jeff Pope, is based on Baker’s memoir Going to Sea in a Sieve. It’s 1974, and Danny (Laurie Kynaston) is a randy teenager who still lives at home in good old Bermondsey with his ducking and diving docker dad, Fred, aka Spud (Peter Kay), his kindly mum, Bet (Lucy Speed), and his older sister, Sharon (Alice Sykes). A voice-over tells us, in effect, to forget all about the nasty old three-day week and to consider instead the warmth of lovely south-east London. How decent its people are, how eager to try out newfangled consumer goods such as the continental quilts Spud has pilfered and which now fill the hall of his tiny house like clouds. (Correct: he’s basically Del Boy, minus the Robin Reliant, the cocktail bar and, fatally, the workmanlike jokes.)

The denizens of Bermondsey are not, you understand, quite ready for the new world. In this part of London, bomb sites remain, merrily sprouting buddleia and pink willow herb; men are men and women are women. Spud is horrified to discover that his daughter’s new boyfriend wears – wait for it – white plimsolls, though not quite so horrified as Danny is to find a stranger’s ­penis flapping exuberantly against his cheek when he goes up west to see Hair (needless to say, our Danny was in search of naked girls, not sweaty blokes). If you find this kind of thing funny and (I can hardly bear to write the words) “heart-warming”, then you have seven weeks of bliss ahead. Who knows? Perhaps the characters will go on to debate the virtues of the various flavours of Old English Spangles. But I can’t believe that many people will be so easily pleased. Those who are old enough to remember the Seventies will know that the best of the decade’s own comedy was ten times more sophisticated than this, and those who aren’t – those who have never had anything other than a duvet on their bed, and can locate a naked female or even a flapping male member with just one tap of their mobile – will simply watch something altogether more grown-up on Netflix.

Kascion Franklin (centre) on BBC1. Photo: BBC/RED

Unfathomable BBC scheduling (is it having some kind of John Whittingdale-induced nervous breakdown?) treated us to two doses of 1974 as the summer limped to an end. The second loving spoonful came in the form of Danny and the Human Zoo (31 August, BBC1, 9pm), an almost-biopic drama in which Lenny Henry told the story of his painful start in comedy.

My TV critic colleagues have all been most respectful but, lovely as Kascion Franklin’s performance in the lead role was, I couldn’t altogether get with the show. Unlike Baker, Henry certainly wiped the Vaseline from the lens: his version of the Seventies was clear-eyed, particularly in the matter of racism. But his tendency as a writer is to tell rather than show, which becomes wearying, and the narrative he offered us – success on the New Faces talent show, followed by the self-loathing that came of joining the Black and White Minstrels – wasn’t exactly unfamiliar. An unscrupulous manager with bad hair; parents who think their son should get a “proper” job but are secretly oh-so-proud; Mud’s “Tiger Feet” and Alice Cooper’s “School’s Out” on the soundtrack: such TV clichés really should be illegal by now.

Rachel Cooke trained as a reporter on The Sunday Times. She is now a writer at The Observer. In the 2006 British Press Awards, she was named Interviewer of the Year.

This article first appeared in the 03 September 2015 issue of the New Statesman, Pope of the masses