Let’s tackle it togetherChanges to copyright and IP

and what they mean for the academic library

Monique RitchieM25 Annual Conference 29 April 2014

DisclaimerAny information or guidance given in this presentation is based on the presenter’s experience and interpretation of copyright law and licensing and should not be relied upon as legal advice.

Agenda

• Key UK copyright and IP changes, and the international context

• What the changes mean for HE• Why it’s important to stay up to date and

work together• Who are the movers and shakers? Groups,

networks and resources

Key changes: UK

What’s changed?

• UK copyright reform and draft Statutory Instruments to reform the Copyright, Designs and Patents Act 1988

• Enterprise and Regulatory Reform (ERR) Act 2013

• Intellectual Property Bill 2013-14• Licensing: Extended Collective

Licensing, alliances and partnerships

Better late than never: copyright to enter the digital age, June 2014

• Intellectual Property Office (IPO): Changes to copyright law and guidance www.ipo.gov.uk/types/hargreaves/hargreaves-copyright/hargreaves-copyright-techreview.htm

• Quick overview? White, B. Changes to UK copyright law and how they could affect you: www.cilip.org.uk/cilip/news/changes-uk-copyright-law-and-how-they-could-affect-youRitchie, M. Making copyright relevant: legal reform on the way: bookmarkdaily.wordpress.com/2014/04/01/making-copyright-relevant-legal-reform-on-the-way/

Spot anything new? Changes not what or where you might expect...

The Enterprise and Regulatory Reform (ERR) Act 2013 • Paves the way for legislation to introduce

Extended Collective Licensing (ECL)• Allows Secretary of State to authorise ECL

schemes for collecting societies where individual rights clearance is impractical

• Collecting societies must represent the majority of rightsholders for their sector and must provide opt-outs

Room for ERR?

The Enterprise and Regulatory Reform Act 2013 • Extends terms of copyright protection: – sound recordings from 50 to 70 years; – rights in performances to 70 years;– musical works : 70 years following

death of the composer or lyricist (last to die);

– copyright in mass produced artistic works extended from 25 years to life of designer plus 70 years.

• www.legislation.gov.uk/ukpga/2013/24/part/6/enacted

Room for ERR?

HM Government does enjoy the odd game of Ping Pong or...

Ping Pong: http://services.parliament.uk/bills/2013-14/intellectualproperty.html

Ping Pong: http://services.parliament.uk/bills/2013-14/intellectualproperty.html

International context

EU Copyright Consultation• EU wants to ensure system of rights,

limitations and enforcement is fit for digital age and fosters innovation, economic growth and cultural wealth.

• Closed 5 March 2014.• Some of the alleged >11,000 responses now

published (April 2014) • Report due June 2014– http://ec.europa.eu/internal_market/

consultations/2013/copyright-rules/index_en.htm

© Infringement• Not just a civil

offence, but can be a criminal offence (TPMs, DRM)

• Moves towards stronger penalties and regulation of IP via trade agreements(UK: ERR, DEA passed; US: SOPA failed, CISPA passed)

11 April 2023Used under a Creative Commons licence. © Satish Krishnamurthy

http://www.flickr.com/photos/unlistedsightings/2171811250/

T&Cs apply

11 April 2023

Many of the resources and services we use are internationally owned/based, many from the US.

We are subject to their laws, terms and conditions!

Why the changes?

• Education and research need it– Open access, learning, creativity, innovation

• Business owners and investors need it– Innovation, R&D, new opportunities

• HM Government wants it– Economic growth, foreign investment, UK as world

leader

• Let’s be clear, academic libraries are NOT the focus

What the changes mean for HE: any smoothie you like?

Research

Out with the old, in with the new

• Text and data mining for non-commercial research: a new exception

• Subject to fair dealing limits• Must have lawful access to the source -

so we still need those subscriptions!

You can quote me on this

• Fair dealing for criticism, review and quotation: – Quotation for education and research legitimised– Benefits for open access repositories and academic

publishing– Simplify and speed up copyright infringement checking

processes– Researchers will be able to publish and disseminate

research more quickly– Publishers will be able to get content formally published

more quickly without the need to get – Publication and resource costs reduced?

Education

I will not infringeI will not infringeI will not infringeI will not infringeI will not infringeI will not infringeI will not infringeI will not infringeI will not infringeI will not infringe

I will not infringeI will not infringeI will not infringeI will not infringeI will not infringeI will not infringeI will not infringeI will not infringe

Freed from the blackboard

• Academics will be able to use all types of works for instruction in the classroom AND the VLE

• They will be able to use films and soundtracks for teaching even if they are not teaching filmmaking / soundtrack making

Disability

Equal access for disabled users

• Now DDA compliant : will cover all types of impairment which prevent equality of access, not just visual impairment

• All types of work covered • Contracts will not be able to override

exceptions• Will not resolve barriers posed by Digital

Rights Management (DRM) and Technical Protection Measures (TPMs)

Library services

Library services

If it’s good enough for bankers…

…it’s good enough for librarians! ILL opyright declarations can now (legally) go completely electronic: e-forms and signatures will be acceptable

Librarians will be able to copy from any type of work for users

Can decide whether to charge students or researchers for copies.

If a charge is made, must be cost-recovery only

Copyright declaration still required

Copying by librarians

Copying for preservation

Libraries will be able to make copies of any format to replace damaged material or for preservation, provided the material is not for loan to the public

Used under a Creative Commons licence: (c) Wild Guru Larry http://www.flickr.com/photos/wentzelepsy/4368668376/

Licensing changes too

• CLA and NLA partnership• CLA working on bringing coverage for

overseas students into the Licence agreement - some categories are not yet covered– Aim : increased coverage by 1 August

2014

• US publishers and the CLA Licence – more publishers have opted in

Walk-ins

• Will be able to view works via dedicated terminals on the premises provided they are authorised users under the relevant licence contract

• Dedicated terminals may be able to allow printing of works (eg if permitted under contract or exception)

11 April 2023

Impact on HE

• Greater certainty for libraries – all works and formats covered, no contractual override.

• Do not have to interpret copyright laws of source territory

• Practicalities: how will we manage copying under licence vs exceptions given licence reporting requirements

• Some uncertainties, eg how much is a reasonable amount, and how do you quote from an image?

Food for thought?

• Are the changes sufficient?• What if the UK were to leave the EU? – What impact will this have on collaboration,

research, resource pricing?

• More licensing likely with ECL, at what cost?

• Even if no contractual override, limitation of rights can be effected using other contractual terms – eg document supply, access restrictions

We’re in it together

Working together

• Rightsholders are establishing alliances and partnerships; so must we.

• We need to be prepared to deliver coherent and cohesive responses to initiatives, consultations, legislative changes

• It is up to us to speak up for our needs – no one else will.

Creative Coalition Campaign (CCC) Remit“represent the rights of the creative sector” and “press for effective measures to combat online copyright infringement, including illegal file-sharing”.

Working with and against rightsholder organisations

• Balance is key – we need to work with or in opposition to rightsholders and representatives to find solutions for mutual benefit.

• If HE can’t survive, rightsholders can’t thrive.

Movers and shakers

Groups networks and forums

• LIS-Copyseek: a closed Jiscmail list for copyright permission seekers: jiscmail.ac.uk

• IFLA: http://www.ifla.org• Liber: http://www.libereurope.eu• SCURL: http://scurl.ac.uk• SCONUL Copyright Group:

http://www.sconul.ac.uk/page/academic-content-and-communications-group-membership

• CILIP and Libraries and Archives Copyright Alliance LACA): http://www.cilip.org.uk/cilip/advocacy-awards-and-projects/advocacy-and-campaigns/copyright/laca-libraries-and-archives

• UUK/Guild HE negotiating team• CLA / HE Working Groups

Staying up-to-date• IPO: http://www.ipo.gov.uk/ • IPO Copyright Notices:

http://www.ipo.gov.uk/pro-types/pro-copy/c-notice.htm• Universities UK- http://www.universitiesuk.ac.uk/• Jisc (especially Jisc Digital Media: http://www.jiscdigitalmedia.ac.uk/• and JiscLegal: http://www.jisclegal.ac.uk/) • Copyright Hub: http://www.copyrighthub.co.uk/• CILIP and Libraries and Archives Copyright Alliance (LACA):

http://www.cilip.org.uk/cilip/advocacy-awards-and-projects/advocacy-and-campaigns/copyright/laca-libraries-and-archives

• British Library: http://bl.uk/• 1709 Blog: http://the1709blog.blogspot.co.uk/• The IPKat: http://ipkitten.blogspot.co.uk/• Coadec: http://www.coadec.com/• TechDirt: https://www.techdirt.com/

www.ippr.org

The Institute for Public Policy Research (IPPR) “UK's leading progressive thinktank”

Thank you

Monique RitchieResearch Librarian and Copyright Officer

@copyrightmuse |@brunelcopyright |@res_librarianmonique.ritchie@brunel.ac.uk