CORNISH, Graham P.
Copyright: Interpreting the law for libraries, archives and information
services.
2nd edn LAPL
1997. ISBN 1-85604 168-9. paperback. £19.95
Reviewed January 1998
Review by Dr. J. Eric Davies
Copyright tends to strike information and library managers in different ways. Some see it as yet another irksome legal detail in the panoply of professional life which they hope won't cause them too much trouble provided they follow the 'rules' (most of the time). Others may feel threatened by it and hope that if they ignore it for long enough it will go away. A few see it as an important component of the cmmunication infrastructure and do their best to understand it. A small minority work with those whose business it is to exploit it - discussing and negotiating - realising that the future lies in developing a workable and mutually beneficial approach to using what is after all someone's property. Anything which helps raise awareness and removes clouds of uncertainty is to be welcomed. Graham Cornish's book can contribute significantly here.
Through his lectures, writings and involvement in committees and other fora, Graham Cornish has a deserved reputation as someone who has succeeded in making sense of copyright. He is in his own words is " ... a librarian trying to understand the law, not a lawyer trying to understand libraries." This book allows others to try to make sense of it too with its own special brand of presentation and lucid writing.
The formula is simple yet effective. Think of the questions that keep coming up about copyright. Fit them into a meaningful template. Now provide clear and comprehensive answers where you can. That is the Cornish approach and it works, and has worked very well since the book first appeared in 1990. On no account be deluded into thinking that such a simple approach is easy to achieve, however; it isn't. The book represents a great deal of expertise, imagination and effort.
As new questions have arisen, and sometimes new answers to old questions have emerged [through revised legislation or new interpretations, perhaps] so the need for a new edition has become evident. This very welcome new edition is a much expanded and updated version with two new sections added as well as a lot more questions [586 entries as opposed to 418 in the old]. Moreover, the opportunity has been taken not only to expand the scope of the book but to restructure some of the content in a more meaningful way as well.
The book is keyed to legislation in the UK, though there are general points that are relevant elsewhere. Questions and answers on copyright are grouped thematically in sections. Starting with the Copyright basics such as: Definitions and Law, What is covered by copyright, and Ownership, it goes on to deal with the mainstream core of Literary Dramatic and Musical Works which still raise most questions in libraries. Further sections deal with copyright in various types of specialist material such as Artistic works, Sound Recordings, Films and Videos, and Broadcasts. New to this edition are sections on Electronic Material, and Licensing Schemes both of which have increased considerably in importance since the first edition. There is a kind of tidying up 'Other Matters' section where transnational issues, public lending right and legal deposit as well as WWW matters are dealt with. I am not sure that the last could not have been better located in the section on electronic material. Appendices include a list of useful addresses, further reading and relevant extracts from the legislation. There is also an index of which more later.
Cornish's grasp of detail and painstaking efforts to explain are ever present, extending for example, to providing a diagram [again new to this edition] to explain the subtleties of different practices in interlibrary supply of material. Evidence of updating is obvious, not least in the in the two new sections, but there are other examples such as the references to the new concept of 'publication right' and the changes in general duration of copyright protection from 50 years to 70 years after the death of the author, following European Union measures to harmonise the situation. In addition, the section on Ownership is usefully much expanded.
It just goes to show how quickly things develop, however, and how an author just can't win if I note two developments which have overtaken the book. One regards the tentative passing references to the Database Directive from the European Union which is now upon us as I write - and of which we know a great deal more of the substance. Another concerns the detail of the scope of the Newspaper Licensing Agency's licence which it is claimed omits the output from News International. It is worth noting that News International joined the Scheme in October 1997 - bad luck Graham! But these are the inevitable difficulties that an author with the courage to tackle such a dynamic subject faces.
Library Association Publishing Limited are also to be congratulated on printing this edition on what is passable quality paper as opposed to the earlier one which looked [and felt] like it had been made from recycled cereal packets! Also at 19.95 in paperback they have made it affordable - some of my students are buying in preference to borrowing - a good sign.
Not everything is perfect of course. The number and choice of headings and subheadings which punctuated Sections in the old edition to my mind made for a clearer presentation than this one where they appear to have been curtailed. There are some minor proof reading irritations [as there were in the old] . The appended list of addresses is rather sparse and crucially omits the Newspaper Licensing Agency; neither are any email addresses or URLs provided though most of these institutions now have homepages in which important [and up to date] information can be discovered. The appended selected further sources of information is clearly and understandably an array of the author's preferences and it is good to see some old favourites represented, but it might have been appropriate to include some WWW based sources.
I have reserved my last and strongest criticism for the index which really is a pale shadow of the one in the first edition. Here we have a book which has grown by some forty percent and the index has actually shrunk; by about half on the basis of my rough calculation. Given the author's prefatory remarks that it is intended as a "...working tool for the practitioner..." and as a "...desktop reference work..." [my italics] and the nature of its format, the index is central to finding ones way quickly to the right answer. There are too many examples where a general reference leads the searcher to a Section rather than a specific entry - it was different in the earlier edition. Yes, yes, this does lead to a certain repetition in index terms and subordinate terms but I would rather that were so when I am searching quickly for something. Surely LAPL can afford a page or three more for the index! Moreover, there are some important omissions. With Ariadne's readership in mind I searched in vain for Internet, World WideWeb, or even WWW, and links (as in the Shetland Times context). I also spotted one fairly serious error; "artistic works 342ff." should surely read "artistic works 325ff." [As a paid up member of the dreadfully bad proof readers' fraternity, however, I sympathise]. It is such a pity if Cornish's sterling endeavours are to be diminished by the index.
The ever present and increasing resource scarcity being experienced in information and library services and by users, coupled with the trend towards greater commodification of information and the increasing technological sophistication of replication techniques suggest that copyright considerations are going to become more rather than less complex and acute. Licensing schemes and contracts promise a way forward if, but only if users and owners develop mutual trust and understanding.
I am uneasy about ideas and practices that seek to stretch the concepts embodied in the legislation's permitted acts on the rack of expediency until they break, or at least antagonise publishers. Arguably even the notion of 'fair dealing' risks being debased if it is regarded as - anything that i want to do and can't afford/be bothered to pay for is fair dealing. The electronic wonderland makes life even more complicated for those who own and want to protect, and those who want to use and re-use copyright material.
It would be a pity if arguments about copyright became such a corrosive influence on relationships between publishers/producers and librarians/users when they should be on the same side of the barricades fighting against cultural philistinism that says that everything has a price but neglects its value, and that investment in anything that doesn't pay back by next Tuesday [including education, the arts and libraries]is a waste of time!
But back to the book. Understanding the issues [including the other person's point of view] is the beginning of finding agreement and we should be grateful to Graham Cornish for helping us by presenting in as clear and matter of fact way as possible the rudiments of copyright. Here is a platform on which to build a new awareness of the manifold practical implications of using copyright property.
I have had a Signed copy of Cornish's first edition on, or near my desk for the past few years and it, together with one or two other sources, has been an invaluable source of guidance and explanation when the phone rings and someone wants a copyright query sorted out quickly. The new edition has taken up residence, and before you ask; no you can't borrow it!
Reviewed by: Dr. J. Eric Davies
Lecturer: Dept of Information and Library Studies, and University Copyright
Officer
Loughborough University
Loughborough
Leics LE11 3TU
Material on this page is copyright Ariadne/original authors. This page last updated on 18-Feb-1998