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Published online by Cambridge University Press: 14 December 2015
This article, written by Emily Stannard, is based on her presentation at the 2015 BIALL Annual Conference. The article discusses the recent statutory changes to the Copyright, Designs and Patents Act 1988 and reflects on the impact it has had on information professionals, especially those working within the cultural heritage and education sectors. The wording of the legislation is considered in detail with the aid of case law to provide context where necessary, particularly with reference to fair dealing provisions. Developments within the Digital Single Market of the European Union also have a significant impact on national copyright law, and it is imperative that information professionals remain informed about upcoming copyright initiatives as well as making sense of the new statutory instruments.
1 John Illsley, ‘UK High Court's appeal practically unenforceable’ (Global Legal Post, 20 August 2015) <http://www.globallegalpost.com/blogs/commentary/uk-high-courts-repeal-practically-unenforceable-44977297/> accessed 17 September 2015.
2 Text and data mining is further defined by the IPO as “the use of automated analytical techniques to analyse text and data for patterns, trends and other useful information.” Intellectual Property Office, ‘Exceptions to copyright’ (Intellectual Property Office, 18 November 2014) <https://www.gov.uk/guidance/exceptions-to-copyright> accessed 17 September 2015.
3 Laddie, Prescott & Vitoria, The Modern Law of Copyright and Designs (Vol. 1, 4th edn, LexisNexis 2011).
4 Intellectual Property Office, ‘Exceptions to copyright’ (Intellectual Property Office, 18 November 2014) <https://www.gov.uk/guidance/exceptions-to-copyright> accessed 17 September 2015.
5 Article 5.5 from the Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights (2001) OJ L 167.
6 Intellectual Property Office, ‘Exceptions to copyright’ (Intellectual Property Office, 18 November 2014) <https://www.gov.uk/guidance/exceptions-to-copyright> accessed 17 September 2015.
7 N. Caddick, G. Davies & G. Harbottle, Copinger & Skone James on Copyright (2nd supp, 16th edn, Sweet & Maxwell 2013).
8 Case C145/10 Eva-Maria Painer v Standard VerlagsGmbH and Others [2011] E.C.D.R. 297 [212].
9 Monika Ermert, ‘EU Parliament Adopts Reda Report On Copyright Reform’ (Intellectual Property Watch, 9 July 2015) <http://www.ip-watch.org/2015/07/09/eu-parliament-adopts-reda-report-on-copyright-reform> accessed 17 September 2015.
