O'Connell, A; (2016) Fit for purpose? Copyright for publishers in the digital age. Doctoral thesis , UCL (University College London).

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Abstract

The digital revolution was an almost unprecedented shift in the way humans communicate and interact, bringing with it ease of communication and sharing of copyright content. This thesis answers the question of whether copyright as it stands in the mid-2010s is still a valid bundle of rights to ensure that authors and creators maintain control over their creative works, while still allowing the sharing of creative works and ensuring the spread of knowledge. It approaches the question of copyright from several contexts – including the legal and enforcement mechanisms which have developed in response to the digital shift, and the rise of digital piracy, including graduated response, notice and takedown, and website blocking. A second approach is considering the economic and financial standpoint of the creative industries, particularly the publishing industries. It includes a survey into the economic contribution of the core copyright industries based on guidelines from the World Intellectual Property Organization, as well as assessing a variety of economic reports published in the early 2010s. From there, the thesis considers the case study of the UK text and data mining and private copying exceptions as examples of interventionist legislation which attempt to deal with the rise of digital. Finally, the thesis considers the implementation of shared, non-legislative initiatives which have attempted to approach copyright from different perspectives to the rigid approach of legislative intervention. The thesis concludes by suggesting that adaptation to new norms is possible without the need for extensive reform of copyright, provided that all parties involved are willing to take a flexible view of the change that digital has wrought upon the copyright landscape.

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