21.11 Recent Changes in Copyright – Ben White

Ben White is Head of Intellectual Property at the British Library.  He explained the recent changes in copyright law.  Fair dealing has previously related to two dimensional works, so recent changes have represented an attempt to modernise copyright law to include items regardless of format, including sound and film.  Some of the new copyright exclusions highlighted by Ben include:

Text & data mining:  Where legal access to copyright material is held, copying and computational analysis is allowed for non-commercial purposes.  This would apply to subscriptions and web sources.

Making works available through dedicated terminals: Libraries and archives may make copies of owned material and make them available on dedicated terminals.

Accessible copies for disabled users:  Copies may be made for disabled users to allow them to access material in a suitable format.

Illustration for instruction: A fair copy can be made for non-commercial purposes, with the original work fully acknowledged.

Library privilege copying for patrons: This exception has been updated to include sound and film.  It must be a request from another library and the declaration form no longer requires a signature.

Replacement copies:  Libraries and archives may copy reference works in their collections for archival or preservation purposes.

Extended Collective Licensing:  The Extended Collective Licensing scheme enables clearing rights for multiple copyright works quickly and efficiently. It allows collecting societies to license the use of works by all relevant rightsholders, including copyright owners that are not members of the collecting society.

Full detail of all new copyright exceptions are available online.

Review by Elaine Cooke, Manchester Metropolitan University

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