The document summarizes recent changes to UK copyright law and what they mean for academic libraries. Key changes include reforms to the Copyright, Designs and Patents Act 1988, the introduction of Extended Collective Licensing, and extensions to copyright terms. For higher education, the changes enable greater use of works for teaching, research, and library services. Academic libraries need to work with rights holders and other groups to understand and respond to ongoing legal reforms. Staying up to date on copyright issues requires following various organizations and resources.

1. Let’s tackle it together
Changes to copyright and IP
and what they mean for the academic library
Monique Ritchie
M25 Annual Conference 29 April 2014

2. Disclaimer
Any 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.

3. 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

4. Key changes: UK

5. 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

6. 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-you
Ritchie, M. Making copyright relevant: legal reform on the way:
bookmarkdaily.wordpress.com/2014/04/01/making-copyright-relevant-legal-
reform-on-the-way/

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

8. 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?

9. 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?

10. HM Government does enjoy the odd
game of Ping Pong or...
Ping Pong:
http://services.parliament.uk/b
ills/2013-

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

12. International context

13. 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/consult
ations/2013/copyright-rules/index_en.htm

14. © 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)
30 April 2014
Used under a Creative Commons licence. © Satish Krishnamurthy http://www.flickr.com/photos/unlistedsightings/2171811250/

15. T&Cs apply
30 April 2014
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!

16. 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

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

18. Research

19. 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!

20. 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?

21. Education

23. 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

24. Disability

25. 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)

26. Library services

27. Library services

28. 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

29.  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

30. 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/

31. 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

32. 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)
30April 2014

33. 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?

34. 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

35. We’re in it together

36. 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.

37. 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”.

38. 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.

39. Movers and shakers

40. 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

41. 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/

42. www.ippr.org
The Institute for Public Policy Research (IPPR)
“UK's leading progressive thinktank”

43. Thank you
Monique Ritchie
Research Librarian and Copyright Officer
@copyrightmuse |@brunelcopyright |@res_librarian
monique.ritchie@brunel.ac.uk