Changes to copyright exceptions for
libraries and archives
Robin Stout
Copyright Policy
Intellectual Property Office
Modernising copyright
• The Hargreaves Review of Intellectual Property and Growth (2011)
recommended that the Government:
“deliver copyright exceptions at national level to realise all the opportunities
within the EU framework, including format shifting, parody, non-commercial
research and archiving”.
• The Government agreed that copyright exceptions should be
updated to ensure copyright does not unduly restrict the reasonable
use of materials, while preserving incentives to creators and
producers of new content.
• After lengthy consultation, “Modernising Copyright” proposed specific
changes to the law:
o Amendments to existing exceptions for research and private
study, libraries and archives, quotation, education, disability and
public administration.
o New exceptions for private copying, parody, text and data mining.
Technical review of regulations
• The Government recently published draft regulations for technical
review and invited interested parties to comment.
• The legislation was published in three tranches, 6 week period for
comments and public meetings on each set of regulations.
• The review process closed on 11 September 2013, and the
Government is now considering all responses received.
• The legislation is intended to come into force on 6 April 2014.
Goals of the legislation
• Main aim of legislation is to implement the policy changes set out in
“Modernising Copyright”.
• These aim to bring copyright exceptions up to date, and suited to
modern technology and user expectations.
• Government also intends to simplify the operation of copyright
exceptions, in line with “better regulation” principles.
• Provisions will be simplified, supporting legislation revoked.
• For instance, the Copyright (Librarians and Archivists) (Copying of
Copyright Material) Regulations 1989 will be revoked.
• This is not a simple job:
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CDPA “Permitted Acts”: 76 Sections
Various supporting legislation and related provisions
All changes in context of EU Directives and international obligations
Archiving and preservation
Section 42 - Archiving and preservation
• Section 42 of the CDPA will be amended:
o to apply to any type of copyright work, not just literary, dramatic
and musical works
o to apply to museums, galleries and their curators as well as
libraries and archives
o to be suited to modern preservation techniques.
• The exception will remain limited to situations where it is not
reasonably practicable to purchase a replacement copy
Section 61, 75 – Recording of folksongs, broadcasts
• Requirement for organisations to be designated by the Secretary of
State will be removed. Instead, the exceptions will simply apply to any
archive not established or conducted for profit.
Research and private study
Section 29 – Research and Private Study
• Will be amended to permit the use of any type of copyright work for
the purposes of non-commercial research and private study.
• To safeguard the rights of copyright owners the exception will
continue to permit only “fair dealing” with the work.
Section 37 - Copying from published works by librarians for noncommercial research and private study
• Will be amended to cover all types of published work
• Provisions will be simplified/ consolidated
• Requirement for written declaration retained, but form not specified
so easier for declarations to be made in a digital format.
Unpublished works, supply to other libraries,
making available on terminals
Section 41 - Copying by librarians: supply of copies to other libraries
• Will be amended to cover all types of copyright work
Section 43 - Copying by librarians or archivists: unpublished works
•
Will be amended to cover all types of unpublished work
•
Requirement for written declaration retained, but form not specified
so easier for declarations to be made in a digital format.
Section 43A
• New section allowing cultural institutions to make works available for
research or private study via dedicated terminals. Conditions are:
o the works must have been legitimately acquired by the institution
o the works should be used only for the purposes of non-commercial
research or private study
o the terminals must be located on the premises of the institution.
o no purchase or licensing terms to the contrary
Other relevant exceptions:
Data mining, education, quotation
Text and data mining:
• A new exception will mean it is not an infringement for a person who
has lawful access to a work (whether under a licence or otherwise) to
copy it as part of a technological process in order to analyse its
contents, for the purpose of non-commercial research.
Education:
• Current permitted acts for education will be amended to apply to all
types of copyright work and include distance learning.
• New non-commercial fair dealing exception for teaching
Quotation:
• Amend criticism and review exception to become a more general
quotation exception, in line with the Infosoc Directive/Berne
Convention.