From: Sandy Thatcher <[log in to unmask]>
Date: Mon, 26 May 2014 19:39:25 -0500

[MOD NOTE: Not so sure about that, Sandy -- let's see if any UK list
readers have time to respond in any detail.  However, having the TDM
exception is surely more than a "modest extension" of fair dealing.]

Don't get too excited. These new provisions are just modest extensions
of fair dealing. E.g., the guidance about copying in educational
settings says the following:

> Does this mean schools/universities will no longer need
> photocopying licences?

> No, schools and universities will still need to hold photocopying licences.
> However, where works are not available under licence, a teacher will be
> able to make photocopies of extracts from works without worrying about
> copyright infringement, as long as they copy no more than 5% of the work
> per annum.

That 5% limit is not even the 10% "rule" that Judge Evans put forward
in the GSU decision.

Sandy Thatcher


> From: Ann Shumelda Okerson <[log in to unmask]>
> Date: Mon, 26 May 2014 18:49:42 -0400
>
> http://www.cilip.org.uk/cilip/news/breakthrough-copyright-law-reform-confirmed
>
>> From CLIP in the UK:  "20 years of hard work by our sector has
>
> resulted, at last, in the recognition that copyright laws are out of
> kilter with the digital age and many of the activities taking place
> across our libraries, archives, museums and educational
> establishments, need to be supported by fit for purpose exceptions.
> This will create legal certainty and achieve a better balance between
> creators rights and user needs, and in doing this make copyright
> itself stronger."
>
>  CILIP writes further:
>
> These vital changes include:
>
> * Much needed digital preservation exceptions to prevent the loss of
> vital sound recordings, film, as well as text based works.
>
> * Allowing the digitisation of analogue collections and their use on
> dedicated computer terminals on the premises of libraries, archives
> and museums.
>
> * New educational exceptions to support teaching, learning and research.
>
> * An expansion of the fair dealing exceptions for private study or
> non-commercial research purposes to cover not just text, as is the
> case today but sound and film also.
>
> * Amendments to Library Privilege so that publicly accessible not for
> profit libraries can make fair dealing copies on behalf of their users
> from all copyright works. It is great to see that for many of these
> education and research exceptions it is recognised that sound and film
> have equal importance in an education and cultural context as text
> based materials.
>
> * A new text and data mining (TDM) exception which will dramatically
> boost non commercial research. In an era of "big data", research must
> be supported by allowing organisations and individuals, who have legal
> access already to copyright materials, to extract facts and data
> contained therein on a large scale. This new exception will provide
> unlimited opportunities to support vital research leading to new
> discoveries and greater innovation.
>
> * Copying into accessible formats for readers who are disabled in any
> way will be allowed, putting all citizens on a level pegging with the
> able-bodied. (Currently the law only allows copying for the visually
> impaired.)
>
> * Vitally, many of these core "permitted acts" in copyright law given
> to us by parliament will not be able to be overridden by contracts
> that have been signed. This is of vital importance, as without this
> provision, existing and new exceptions in law could subsequently
> simply be overridden by a contract. Also many contracts are based in
> the laws of other countries (often the US). This important provision
> means that libraries and their users no longer need to  worry about
> what the contract allows or disallows but just apply UK copyright
> exceptions to the electronic publications they have purchased.
>
>
> *******