The Hargreaves Review – 5 year impact assessment

Copyright the Card Game – a colourful response to the Hargreaves Review

It is difficult to believe that Copyright the Card Game was launched just over four years ago in early 2015. It was created in response to the Hargreaves Review of Intellectual Property and Growth, after Naomi Korn approached me and Chris to run some training with her for SCONUL. SCONUL were keen to ensure that the academic library sector understood the implications of the changes that had taken place to UK copyright law at the end of 2014. This was because there were a number of new exceptions that were specifically aimed at the library and education sector. We created the game to help explain those changes in a new and accessible way.

It’s really timely to consider the Hargreaves Review again, because the UK Intellectual Property Office (IPO) is undertaking a review of the changes, which is something that takes place routinely 5 years after significant amendments to legislation. The consultation is out here and open until 10th April. Various stakeholders have also been invited to a series of meetings taking place at the IPO in early April. But the main way they are looking for people to respond it via the written survey. So we would urge those of you working as copyright specialists in the library or education sector to consider providing some evidence.

Chris and I will be working on producing a response for the Universities UK Copyright Advisory and Negotiation Committee. We’re also coordinating our work with LACA (Libraries and Archives Copyright Alliance) who have just produced guidance for libraries and archives who want to respond to the call for evidence. For anyone unsure of what sort of changes were made to the law or what sort of evidence might be appropriate do have a look at this guidance. There is also a response template sheet which is very helpful.

The IPO are asking for evidence of the benefits of the changes, in terms of cost savings, but also perhaps a greater confidence and ability to use the legislation to enable libraries, cultural heritage institutions or educational establishments to make use of copyright works. Exceptions like the ability to digitise materials for preservation purposes, or to make them available in dedicated terminals in the library might be valuable. But another important change was the ‘non contract override’ provision which effectively means that licence clauses which seek to restrict permitted uses (e.g. a prohibition on copying for educational use), can be ignored. It’s been quite a problematic area, particularly in the field of text and data mining (TDM), which we’ve written about previously. But Section 29A which permits TDM or computational analysis of large data sets, was an important new exception brought in by Hargreaves. And the changes in wording to Section 32 (Illustration for Instruction) and the broadening of Section 30 (Quotation) are also significant for education.

So we’d urge you to try and engage with the process and have a good read through of the LACA guidance if you are in need of further information. We will also ensure that the UUK responses is circulated widely to institutions if they are looking for an example of how to approach your own response.

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