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. > > > *******