Breakthrough in UKcopyright reform:

what does it mean forlibraries?

EIFL-IP webinar, 4 July 2014

UK © Reform

Adaption: Benjamin WhiteOriginal: Chris Morrison

@UKLACA

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Could it be true that laws designed more than three centuries ago with theexpress purpose of creating economic incentives for innovation byprotecting creators’ rights are today obstructing innovation and economicgrowth?

The short answer is: yes. We have found that the UK’s intellectualproperty framework, especially with regard to copyright, is falling behindwhat is needed. Copyright, once the exclusive concern of authors andtheir publishers, is today preventing medical researchers studying dataand text in pursuit of new treatments. Copying has become basic tonumerous industrial processes, as well as to a burgeoning serviceeconomy based upon the internet. The UK cannot afford to let a legalframework designed around artists impede vigorous participation in theseemerging business sectors.

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Hargreaves recommendations

• Rebalance copyright regime

• Format neutral

• Future proof

• Improve licensing

• Representative of digital practices and potential

• Evidence based

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Improvement of Licensing

Orphan Works UK Licensing

Extended Collective Licensing

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Research and Private Study – S29

• Limited ‘fair-dealing’

• Non-commercial

• All copyright worksincluding sound recordingsand films

• No override by contract

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Accessible copies for disabled users- S31

• Widened to all impairmentswhich prevent equalaccess

• All types of copyright work

• No contractual override

• Requires TPM to becarried over in the copytoo!?!?!?!

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Library Privilege Copying toIndividuals S.42-43

• Non-commercial research or privatestudy

• Reasonable proportion of “anypublished work”

• Declaration required

• If charged must cover cost ofproduction

• No contractual override (other thanunpublished works)

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Library/Archival Preservation – S42

• Reasonable copies ofitems in “permanent”collection

• All types of copyright workincluding soundrecordings, films andbroadcasts

• No contractual override

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Library Copying of Unpublished Works– S43

• All types of copyright work

• For private study / non-commercial research

• Contractual Override

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Making Works Available ThroughDedicated Terminals – S40B

• New exception from 2001 EU © Directive

• Relates to a publicly accessible library, educationalestablishment, museum or archive

• Allows digitised collection items to be viewed on sitethrough ‘dedicated terminals’

• Research or private study

• Query on ‘dedicated terminals’ definition – German case.

• Is made available in compliance with any purchase orlicensing terms to which the material is subject

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Text & Data Mining – Big Data

• New exception – a real “digital opportunity”

• Use of algorithms to determine relationships in data

• Non-commercial use (limited by EU © Directive)

• Requires legitimate subscription/access to content to bemined

• No contractual overrides

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HOW DID WE MANAGE THIS?

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LOTS OF HARD WORK OVER MANY YEARS

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LIBRARIES ONLY MATTER BECAUSE OF WHO THEYSERVE

Researchers, Scientists, Science etc

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• Responded to Governmental Reviews

• Meetings with Civil Servants

• Meetings with Parliamentarians

• Written Briefings

• Speaking Events

• Roundtable events with politicians

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Evidence

• Studies

• Reports

• Facts

• Data

• Arguments around money

• Economics

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Alliances

• Universities

• Schools, Colleges

• Disabled Groups

• Technology Companies

• Pharmaceutical Companies

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Social Media Presence Not a Bad Way of Disseminating Infoto Like Minded People

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Questions

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Thank you

@UKLACA

4.0

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Information on EIFL-IPwww.eifl.net/copyright