Hargreaves Review of Intellectual Property

Written evidence submitted by the Professional Publishers Association (PPA)

Professional Publishers Association (PPA) is the trade body for UK magazine, journal and business media publishers. A full list of PPA members is available at: http://www.ppa.co.uk/cgi-bin/go.pl/ppamembers/index.html .

PPA’s membership consists of some 200 publisher members and affiliates who publish consumer, customer and business magazines, journals, data and directories in addition to conducting research, organising conferences and exhibitions.

PPA members offer print, electronic and online publications and services, including websites, online and electronic versions of print publications and publications and data only available online or through electronic transmission.

Publications encompass consumer, customer and business to business journals, magazines and media and increasingly involve the use of new electronic rights management systems to help improve the provision of publications and services to subscribers.

PPA welcomes Government endorsement of the Hargreaves recommendation of policy decisions to be based on economic evidence. Recognition that this is especially important at the international level is also welcomed.

However, the Government appears to have immediately disregarded its own core recommendation when addressing possible changes to the scope of the copyright exceptions permitted under the EC Copyright Directive, when addressing the issue of non-commercial research.

The Hargreaves Report states "We recognise that some publishers view the licensing of text mining as a legitimate commercial opportunity".

However, it then goes on to say (without reference to evidence that supports the claim) "we are not persuaded that restricting this transformative use of copyright material is necessary or in the UK’s overall economic interest".

Text Mining

In deriving high-quality information through text mining, users of text and database already have the benefit of the current non-commercial research exception provisions (s29 CDPA). The expressions "research" and "non-commercial research" can (and should) already be construed consistently with the EC Copyright Directive.

PPA represents publishers who grant research-focused permission requests to mine data. It is a new area of business for publishers and important to future growth.

Those who seek licences often do so with a view to their own profit.

Hargreaves argues (again in the absence of evidence) that the current fair dealing exceptions under UK law will not cover use of text mining tools under the current interpretation of "Fair Dealing".

However, this "current interpretation" is based upon UK adherence to EU law, particularly the EC Copyright Directive. Text mining cannot be divorced from the "copying" or reproduction of the works to be mined. As such reproductions are relevant to limits in scope for copyright exceptions permitted by Article 5 of the EC Copyright Directive. These limitations include only applying exceptions in special cases which do not conflict with the normal exploitation of a work and which do not unreasonably prejudice the legitimate interests of the rightsholders.

Consultation with Publishers and evidence gathering required

PPA members therefore maintain that the Consultation envisaged by Government as a prerequisite of taking forward the Hargreaves recommendation linked to text mining, will be particularly important in terms of clarifying evidence about the way in which the activity is providing opportunities for growth, rather than acting as a barrier.

Maintaining provision for "fair dealing" within the current scope of s 29 CDPA must remain one of the options within any Government consultation on this issue.

Follow up

PPA members would be happy to assist in the provision of further evidence to confirm that scope and levels of interest in licensing text mining beyond the scope of fair dealing.

They also look forward to responding to the promised Consultation on this issue before growth restricting steps are taken which may prove both damaging to the publishing sector and difficult to reverse.

6 September 2011