order’ by focussing on their IP manage- ment processes and procedures.”
Expertise
Balancing risk and opportunity is something Naomi has explored with Charles Oppenheim and Adrienne Muir as co-authors of Information Law: Compliance for librarians, knowledge managers and information professionals. The book will be published to coin- cide with the Copyright Conference and is based on a Compliance Model developed by Naomi Korn Associates and implemented across many parts of the UK’s public sector. She said: “Our book provides an overview of impor- tant information law issues for library, information and knowledge workers, who are often at the front-line of manag- ing and monitoring their organisation’s legal compliance.
“They need the knowledge and skills to develop appropriate risk-aware approaches when aspects of their work, as they often can be, are not clear. Taking into account that the issue of risk within the context of legal compliance is some- thing faced by library, information and knowledge workers in their day-to-day jobs, we have made it a central theme of this book. There is a focus on how work- ers can achieve the appropriate balance between compliance and pragmatism.”
GDPR divergence
Organisations have already invested a lot to become compliant with the latest law changes. However ongoing uncertainty means more investment will be needed. “Many organisations worked tirelessly to get processes in place when the Data Protection Act 2018 came into force,” Naomi says. Now her work focuses on making data protection a fundamental part of the way they operate, in line with the ICO’s ‘privacy by design’ guidelines. But she said: “The current Brexit impasse has implications for data pri- vacy. The approach that Government ultimately takes, in aligning Brexit and GDPR, is important for us all. If the option of a “No Deal” Brexit happens, there will be a number of extra com- pliance measures that Data Protection Officers and/or Data Protection Leads working for those organisations moving data to and from Europe will need to put in place to remain compliant with GDPR. She said 64 pages of amend-
March 2020
ments to the Data Protection Act 2018, tabled in December, could “create in effect a “frozen” GDPR or what is called “UK GDPR”. While identical at present in the regulations, there is potential for EU GDPR and UK GDPR to grow apart over time.”
No deal means more work
“As a “No Deal” Brexit will also impact the transfer of data (personal data) from the EEA to the UK,” Naomi says, “UK organ- isations will most likely see an increase in GDPR compliance measures that col- leagues from the EEA will expect from us.” This could include requirements for more robust contractual terms and the provision of more evidence that UK organisations are compliant with their GDPR obligations. She said: “Apart from the advice from the ICO, we would also recommend the fol- lowing measures to start to prepare for the possibility of a “No Deal” Brexit:
1. Using the advice about data transfers between the UK and the EEA to put in place more robust contractual agreements between the UK and EEA organisations.
2. Amending and enhancing data security measures and procedures dealing with potential and actual data breaches.”
Copyright Naomi outlined two broad implications of the current Brexit impasse for copyright. First is the specific impact of a No Deal Brexit on existing UK copyright legislation. Second is the changing relationship with the European Court of Justice (ECJ) and its influence on UK law – which could be greatly reduced by the recent Government u-turn on the directive. All of these remain uncertain. “What is probably more certain is that in the case of both a No Deal Brexit and the UK exiting the EU,” Naomi says, “the UK will look to increase measures to protect the Creative Industries who support the growth of UK PLC, and one of the ways of doing this is via more copyright and IP enforcement.”
Advice
So what can copyright leads in educa- tion, cultural heritage and libraries do to prepare for a No Deal Brexit? While acknowledging the UK Intellectual Property Office’s pre-prepared draft legislation for a No Deal Brexit – she said professionals should ensure that everyone working for their organisations are “aware of their roles and responsibilities in terms
of legal compliance, as well as optimising the existing UK copyright exceptions.” This will ensure that extra provisions can be put into place to protect organisations from the use and distribution of infringing content as well as helping organisations to optimise the use of the existing copyright provisions. She also advises a review of “risk man- agement and risk mitigation procedures. This will be important to help staff benefit from the existing copyright exceptions, the use of which in many cases is not clear-cut and down to an organisation’s appetite’s for risk.” One example she gives is that clear procedures and polices would “help organisations to continue to use orphan works online, within a proportionate and pragmatic approach to risk, regardless of whether the EU Orphan Works Exception is stripped from UK law or not.”
Conference details
Naomi has brought together a number of expert speakers for CILIP’s Copyright Conference 2020, which takes place on 30 April at the Cavendish Conference Centre, London.
These include Jonathan Griffiths, Professor of Intellectual Property Law, Queen Mary University of London who will discuss whether potential changes in copyright law that could benefit librarians really do damage rights holders. Dr Andrea Wallace, Lecturer in IP, Exeter University and Anthony Misquitta, General Counsel V&A, will examine what the new EC Copyright Directive could mean for libraries and the cultural heritage sector. Other speakers are Fred Saunderson, Rights and Information Manager, National Library of Scotland; Claire Sewell, Research Support Librarian, Cambridge University; Patrick Ibbotson, Head of Partnerships & Projects, Naomi Korn Associates; Stephanie Ashcroft, IP Manager, British Library; James Bennett: Head of Rights and Licensing, Copyright Licensing Agency; Dr Sarah Greaves, Chief Publishing Officer, Hindawi; Tim Padfield, Copyright for Archivists and Records Managers and Lorraine Estelle, Director, Information Power Limited (IPL). The speakers will tackle issues ranging from Plan S from an Open Access publish- ers perspective to analysis of judgments on copyright from courts in the UK, the EU and elsewhere as they affect librarians, archivists and other information profes- sionals. IP l Book at
www.cilip.org.uk/CopyrightConf20
INFORMATION PROFESSIONAL 33
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60
