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review, which in 2011 proposed changes to improve use of copyright works in a digital context, ensuring that rights could be licensed speedily and protected eff ectively.
Benefi ts for higher education In addition, he challenged the government to deliver modern copyright exceptions taking into account technology changes, to aid non- commercial research, teaching, library archiving, and data mining, all of which would have a benefi cial impact on universities and research organisations. Legal changes have been introduced in the last couple of years to meet these challenges.
Teaching, research, archiving and data mining The law has been changed to facilitate multi-media teaching and distance learning without infringing copyright, extending its scope to certain artistic works, fi lms and sound recordings, recognising the realities of modern teaching methods. Extracts from all types of published
copyright works can now be copied for non-commercial research purposes – including fi lms, broadcasts and sound recordings. Libraries, educational establishments and museums can now off er access to such copyright works via electronic terminals for research and private study. Archives can now make copies of
all types of works in their permanent collections in order to preserve them, where they cannot otherwise be easily replaced – including sound recordings, fi lms, broadcasts and photographs. Text and data mining of copyright
work for non-commercial research and analysis is also now permit ed without having to obtain the consent of the work's owner, provided the researcher fi rst acquires a copy of the work lawfully.
Orphan works A new scheme enables the use of copyright works, whether for research or commercial purposes, where it is not possible to obtain permission from the copyright owner
appetite collecting societies have to play this role. Hargreaves also highlighted the need to regulate collection societies to ensure that they operate fairly and openly – and there is a forthcoming EU directive on these societies aimed at facilitating cross border licensing. The second is a forum for licensing
“The law has been changed to facilitate multi-media teaching and distance learning without infringing copyright”
because their identity is unknown. The scheme involves the granting of
licences by the UK Intellectual Property Offi ce in return for fees which are then held for the copyright owner in case they come forward in the future. Prospective licensees must undertake extensive due diligence fi rst, to seek to identify the authors of such works and obtain licences direct from them, before applying for a licence from the IPO. This went live at the same time as an
EU Directive, which enables cultural institutions to digitise and display on their websites certain types of orphan works for non-commercial purposes. The UK scheme is more ambitious, permit ing both commercial and non-commercial exploitation of all types of copyright work, and creating an opportunity for rights owners to collect revenues from licensing.
Extended collective licensing and copyright hub Two further Hargreaves recommendations related to facilitating lawful licensing of copyright works in a digital environment. The fi rst involves existing copyright
collection societies extending their scope of activities beyond licensing works on behalf of their members, to all works in their fi eld of operation – subject to individual (non-member) copyright owners having a right to opt out of the scheme. Enabling legislation is now in place – though it is not clear what
The Author...
Frances Anderson is a Consultant Solicitor with leading education
on intellectual property please contact Frances on 0121 227 3708.
copyright works more cheaply and easily, recognising that while it is easy to fi nd visual, musical and literary content online, it can be much harder to identify its owners and obtain permission to reuse such content. The 'Copyright Hub', a new kind of exchange for digital content users, is being developed with support from government and industry bodies. Research continues on ways to identify diff erent types of copyright works, link them with their owners and develop a low-cost licence exchange.
Consumer rights and other exceptions Recent legislative changes have also: Brought the UK closer to Europe in
permit ing limited format shifting – permit ing people to make copies for personal use, from CDs, e-books or other copies of works which have been lawfully acquired. Made it easier for disabled people to
access copyright materials, by extending the scope of such rights beyond visually impaired people to anyone with an impairment, and the range of materials covered has been extended to include fi lms and broadcasts. Permit ed people to make limited
use of creative materials for caricature, parody or pastiche and to make longer quotations from works without the permission of their rights holders.
A shot in the arm for copyright? For copyright users and consumers, including university academics, librarians and archivists, these recent changes should be welcome, as they address at least some of the challenges posed by new technology, achieving greater format neutrality, and removing some anomalies which, arguably, should have gone some time ago. They also provide clear evidence of the continuing utility and adaptability of copyright as a means of supporting copyright owners and the creative industries. However a number of people are now calling for greater harmonisation of copyright law between EU member states and further reform to refl ect modern methods of accessing and using information – so the evolution of copyright continues. UB
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