NWLP - The Brave New World - the changing face of copyright

23 January 2014 The Brave New World – the changing face of

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2The Brave New World - The Changing Face of Copyright North Wales Libraries Partnership, 30 January 2014

The Hargreaves Review 2011

The Review focused in particular on:

• Identification of barriers to growth in the IP system, and how to overcome them;

• How the IP framework could better enable new business models appropriate to the digital age.

3The Brave New World - The Changing Face of Copyright North Wales Libraries Partnership, 30 January 2014

The Hargreaves Review 2011

The key recommendations which, if implemented, have the potential to make the greatest impact on libraries are:

• The establishment of a Digital Copyright Exchange,

• The provision on orphan works,

• Extensions to the copyright exceptions and

• The increased powers and mandate of the IPO in promoting an IP system which is responsive to change.

The Brave New World - The Changing Face of Copyright North Wales Libraries Partnership, 30 January 2014

The Digital Copyright Exchange

» The Hooper Report » “Rights and Wrongs: is copyright licensing fit for purpose for the digital age?”

» A copyright rights hub

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The Brave New World - The Changing Face of Copyright North Wales Libraries Partnership, 30 January 2014

Orphan Works

» S.116 of the CDPA 1988

» allows for commercial and non-commercial use of any orphan work, after a diligent search and paid a licence fee.

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» Consultation on regulations

» EU Directive – digitisation by publicly accessible archives (by Oct 2014)

The Brave New World - The Changing Face of Copyright North Wales Libraries Partnership, 30 January 2014

Updating the Permitted Acts

» Fair dealing for non-commercial research / private study extended to recordings and broadcasts

» Fair dealing for parody, caricature and pastiche

» Fair dealing and quotation» Fair dealing for instruction and examination» Private copying of permanently held material

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The Brave New World - The Changing Face of Copyright North Wales Libraries Partnership, 30 January 2014

Updating the Permitted Acts

» Copyright permitted acts v contract› Contrary terms and conditions are unenforceable

» Regulation of licensing agencies» Text mining for non-commercial research» To lead Europe on adaptability to new technologies

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The Brave New World - The Changing Face of Copyright North Wales Libraries Partnership, 30 January 2014

Librarians and Archivists

» S.37 (to individuals) and s.41 (to other libraries) – library privilege› all types of copyright work› no more prescribed form

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The Brave New World - The Changing Face of Copyright North Wales Libraries Partnership, 30 January 2014

Librarians and Archivists

» S.42 Libraries and preservation› any copyright work› where not reasonably practicable to purchase a replacement copy

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The Brave New World - The Changing Face of Copyright North Wales Libraries Partnership, 30 January 2014

Librarians and Archivists

» S.43A Cultural institutions may make works available via dedicated terminals (unless contract restricts)

» Publicly accessible libraries, an education establishment, museums archives, for lawfully acquired works

» For individuals for non-commercial research or private study

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The Brave New World - The Changing Face of Copyright North Wales Libraries Partnership, 30 January 2014

The IPO Copyright Notice Scheme

» Helpdesk» Basic guidance» Does not cover interpretation of basic licences

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The Brave New World - The Changing Face of Copyright North Wales Libraries Partnership, 30 January 2014

Tensions

» Blanket licences – standardisation v one size fits all

» User generated content» Commercialisation of education, the public sector

» Aggregation and combination v protection» Freedom of use v freedom to exploit

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Jisc Legal – Copyright and Scotland’s Colleges29/08/2013 13

This work, with the exception of logos, and any other content marked with a separate copyright notice, is licensed under a Creative Commons Attribution 3.0 Unported Licence. Attribution should be “© Jisc Legal – www.jisclegal.ac.uk – used under Creative Commons Attribution 3.0 Unported Licence” (with clickable URLs where possible). The use of logos in the work is licensed for use only on non-derivative copies. Further information at www.jisclegal.ac.uk/CopyrightPolicy.

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