EVERYTHING YOU WANTED TO KNOW ABOUT RECENT CHANGES IN COPYRIGHT BUT WERE AFRAID TO ASK Charles Oppenheim Loughborough University

SOME BACKGROUND n Copyright has always been a tension between owners and users n Up until recently, that tension was controlled by limitations in technology n Machine readable materials pose particular problems for copyright owners

PROBLEMS n Easy to copy m/r data, or convert hard copy into m/r form n Copies are high quality n Copies can be easily put on the Web or sent to large numbers of people n Copying costs little or nothing n Difficult to police

OWNERS’ RESPONSE n Lobby for strengthening of copyright law n Develop technical measures to prevent copyright abuse (and have laws to protect such measures) n Lock users into contracts

WHERE IS THE PRESSURE BEING APPLIED? n International - World Trade Organisation n Regional - EU n National - USA n Days have long gone when UK has been in the forefront in developments in the law n Last time was the Copyright Act 1988

FOUR MAIN CHANGES TO THE LAW n Length of term from 50 years post mortem to 70 years post mortem n Orwell, Doyle, Shaw, Woolf, Kipling…. n Protection for databases n William Hill versus British HorseRacing Board n Can no longer ‘fair deal” in databases for commercial purposes

n New restricted act “communicating information” (in practice, placing on networks) n Illegal to tamper with copyright management information or technical measures with the intention of infringing, or concealing infringement

TECHNICAL FIXES n ECMS (Electronic Copyright Management System) n ERMS (Electronic Rights Management System) n DRM (Digital Rights Management [system])

EU DIRECTIVE n Must be implemented by end of 2002 n Draft S.I. Due in September, so little time for debate or lobbying n DTI's approach is to make minimal changes n Likely therefore to be only slight harmonisation with other member states

MAJOR FEATURES n Placing material on the Internet a restricted act n Reduces fair dealing and library privilege n New criminal offences to by-pass or de- activate copyright management information, or to by-pass or de-activate ECMS, with a view to infringement n No change to definition of “prescribed libraries”

IMPLICATIONS n Removes exceptions to copyright for commercial purposes n Change from single charging mechanism to a double one n Applies to self-service photocopying and ILL n Higher fees get paid to copyright owners n Revised declaration form

WHAT IS COMMERCIAL COPYING? n Has to do with making money n No need to apply foresight n What was the reason that you wanted the copy at the time you asked for it? n Onus is on patron to make an honest declaration

EXAMPLES n Students on their courses - NC n Lecturers for their teaching - NC, unless they plan to create commercial products, such as e-learning materials, from it as well n Preparation of a book or book chapters where royalties are expected - C n Preparation of an article for a scholarly journal - NC unless they expect to get paid for it (makes no difference who the publisher is)

n University research sponsored by a commercial company - C? n Work done by a student who is sponsored by a company for a taught course - NC n Work done for spin-off company from a college/HEI - C, even if profits covenanted to college/HEI n Preparation for a conference paper - NC, unless speaker gets a fee (very problematic for me!)

n NHS-related - NC n Private medicine-related - C n Mixture of the two - C n Work done by librarian for his/her own CPD - NC n Copying by an information broking service - C

CONCLUSIONS n New bureaucracy n Complications for self-service n Negotiations with CLA or individuals publishers n Involve SCONUL ASAP - UUK may not be appropriate n If a licence is not sorted out by end of 2002, you must STOP patrons making self-service copies or ordering ILL for commercial purposes