A summer of disharmony: what now for the research and education sectors? Dr. Charlotte Waelde Co-director AHRB Research Centre for Studies in Intellectual Property and Technology Law School of Law University of Edinburgh

The Scope of Copyright The activities of the music industry and the responses The changes in the law of copyright for the digital era The copyright limitations/exceptions The response of the publishing industry What about research and education? The empirical research

The music industry vs. the consumer Spain – 4000 individuals sued? US - individuals sued: full page advertisements Universities are not so sure The hackers, phrackers and crackers fight back The push by the Commission

Targets for change 1. new rights - for example the measures in the WIPO copyright treaty relating to making available and communication to the public 2. protection of technological systems against acts of circumvention and the making available of devices 3. control of the ‘choke’ points on the Internet – the ISPs. Plus: international scope and contract

The copyright limitations/exceptions Numa Droz 1884 ‘limitations on absolute protection are dictated, rightly in my opinion, by the public interest. The ever- growing need for mass instruction could never be met if there were no reservation of certain reproduction facilities, which at the same time should not degenerate into abuses’

Exceptions/limitations for research and education Music industry vs. consumer Publishing industry vs. consumer Alice’s Adventures in Wonderland: ‘Copy’: ‘No text selections can be copied from this book to the clipboard.’ ‘Print,’: ‘No printing is permitted on this book.’ ‘Lend,’: ‘This book cannot be lent or given to someone else.’ ‘Give’: ‘This book cannot be given to someone else.’ ‘Read Aloud,’: ‘This book cannot be read aloud’ Publishing industry vs. user for research and education?

Problems Academic argument US Librarian of Congress 1998 ‘The record in this proceeding does not reveal that ‘pay-per-use’ business models have, thus far, created the adverse impacts on the ability of users to make non-infringing uses of copyrighted works that would justify any exemptions from the prohibition on circumvention’.

The research questions The implementation of the optional copyright exceptions and limitations in the Member States of the EU, and the perceived impact of the choices made upon the education and research sectors The use and impact of digital and other technologically based protective devices with regard to the education and research sectors, including the contractual provisions deployed alongside the use of such devices The interaction between copyright exceptions and limitations, protective devices and associated contracts, and government regulation of the area.