Evidence of the extent of the problem of text based works affected by the 2039 provisions
Following a survey undertaken by LACA in June 2016, it is now possible to quantify the extent of the problem of text based works affected by the 2039 provisions for the cultural heritage and educational sectors. This briefing sets out the evidence.
Technological Protection Measure (TPM) Notice of Complaint Test Case
In 2015 LACA made a complaint to the Intellectual Property Office (IPO) on behalf of a researcher at a UK university who was prevented by the CAPTCHA TPM from taking an electronic copy of a free to access online database for the purpose of text and data mining for a non-commercial purpose as permitted under the UK’s Text and Data Mining Exception
(CDPA s.29A). The IPO found that the complaint falls outside of the scope of s.296ZE of the Copyright Designs and Patents Act 1988.
This is an example of a legislative gap in the existing copyright framework.
Publishers selling titles on the basis of “one purchaser one user”
Some printed publications additionally provide access to web-based / electronic content. This occurs in various forms, including:
- books including “once-only” access codes which require the user to then set up a unique username/password in order to access the web-based content;
- books or music scores including a code or download card which enable (often audio) files to be downloaded a single time.
This model can be problematic for libraries.
In 2015 a survey was circulated to libraries to ascertain how wide-spread this practice is. 87 responses were received and several examples identified.
LACA has been contacting publishers to alert them to this and invite them to work with us to find a solution.