Stannard (2015)

From Copyright EVIDENCE

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Stannard (2015)
Title: A Copyright Snapshot: the Impact of New Copyright Legislation on Information Professionals
Author(s): Stannard, E.
Year: 2015
Citation: Stannard, E. (2015). A Copyright Snapshot: the Impact of New Copyright Legislation on Information Professionals. Legal Information Management, 15(04), 233-239.
Link(s): Definitive
Key Related Studies:
Discipline:
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About the Data
Data Description: The author analysis the sections of the Copyright, Design, and Patents Act 1988 constituting the new framework for copyright exceptions in the UK
Data Type: Primary and Secondary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: No
Comparative Study?: No
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
  • Not stated
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Abstract

The article discusses the recent statutory changes to the Copyright, Designs and Patents Act 1988 and reflects on the impact it has had on information professionals, especially those working within the cultural heritage and education sectors. The wording of the legislation is considered in detail with the aid of case law to provide context where necessary, particularly with reference to fair dealing provisions. Developments within the Digital Single Market of the European Union also have a significant impact on national copyright law, and it is imperative that information professionals remain informed about upcoming copyright initiatives as well as making sense of the new statutory instruments.

Main Results of the Study

  • As to the text and data analysis exception, research libraries in particular acknowledge that their researchers benefit from performing computational analysis on large amounts of information. Some research librarians have reported receiving emails from publishers of electronic subscription databases concerned about mass access to articles triggered by the performance of text and data analysis.* As to the copy for disabled people exception, expanding s.31A-F to account for persons with learning disabilities and other non-visual types of impairment has been greatly welcomed by the library sector.* As to s.35 of the Copyright, Designs, Patents Act 1988 (CDPA), following the change in the law, the ERA withdrew its basic licence which meant that educational establishments had little option but to take the ERA+ licence. This has predominantly affected the Higher Education (HE) sector the most as the cost of the licence has risen significantly. * As to s.36 CDPA, most information professionals working in educational establishments are anxious not to break the law, and given the risk-averse nature of the sector, are often reluctant to test the waters with any seemingly risky activities.* As to s.40B CDPA, the lack of the requirement of adequate compensation in the UK would likely be an issue should a British case similar to Technische Universitaet Darmstadt v Eugen Ulmer KG be referred to the CJEU.* The extension of the preservation exception has greatly relieved the burden on information professionals who handle large amounts of fragile material, and has eased their frustration at not being able to make further copies of redundant formats before it is no longer technically possible to do so.* The biggest impact of the changes to document supply legislation relates to the user declaration form. Once enshrined in the CDPA as the statutory form which required a physical signature from end users, the changes to the legislation now allow for a much more flexible approach with regards to the user declaration, and may encompass electronic signatures, online forms and email declarations.* The quotation of whole photographs and other images is possible and permitted by the exception; however, it would be wise to exercise caution when reproducing whole images for quotation purposes as the economic value of the image must not be significantly undermined.* Universities in particular have been making full use of the exception under s.32 CDPA by including extracts of works in PowerPoint slides, using figures to illustrate specific teaching points and reproducing excerpts of music for instruction.


Policy Implications as Stated By Author

  • It is therefore advisable for information professionals to proactively engage with their user communities to ensure that they are aware of text and data analysis and can respond to publisher concerns appropriately.* As to s.40B CDPA, information professionals may wish to disable drives for portable devices and access to the Internet from the dedicated terminal to reduce the risk of infringing copyright.


Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
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Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Green-tick.png
Mass digitisation/orphan works (non-use; extended collective licensing)
Green-tick.png
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

Sample size: 11
Level of aggregation: Provision
Period of material under study: Not stated