May 31st 2017, 21:38

A BOLD AND PERSUASIVE STATEMENT ON THE CHANGING FACE OF COPYRIGHT IN THE TWENTY-FIRST CENTURY

An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE of “The Barrister”


This book represents a substantial call for a full reform of the system of copyright to fit the requirements of the 21st century. Daniel Gervais writes that “the current lack of equilibrium and the deficient structure of copyright results, in part, from a process of historical changes and accretions to the list of copyright “rights” and in part from a lack of clarity as to its purpose.”

So, for many people, this call for a review cannot come too quickly because of the massive problems which have been thrown up by the changes we have seen in what we call “information technology”. Frankly speaking, many of us have not treated this subject seriously enough… Gervais, however, does.

The biggest single headache at the moment is the internet which has changed forever our online world leading to what has been described as a structure of copyright which, in its current form, has become inadequate and, to use the phrase of the moment “unfit for purpose”.

We found this “bold and persuasive work” by Gervais asks all the pertinent questions of the moment- many of which still remain completely ignored by many who want the current antiquated system to remain because it suits some peoples’ purposes. However, Gervais submits that “the international copyright system is in need of a root and branch rethink” and how right he is. In essence, he aims “to inform the debate about the future of copyright and its influence on human creativity”, especially with the advances in artificial intelligence.

And, yes, it’s rightly an “ambitious and far-reaching book” where the author “sets out to diagnose in some detail the problems faced by copyright, before eloquently mapping out a path for comprehensive and structured reform”. Frankly it remains a welcome read for all involved in copyright matters, professional or lay people, and unrepresented parties with a problem. The main objectives are set out by the author “to identify structural and other deficiencies within the current system, and to outline a structured approach to copyright reform”. He does just that and it is a jolly good read with much commendable detail.

“(Re)structuring Copyright” is set out in the following way: Part I is diagnostic in nature whilst Part II offers “detailed and concrete pathways to improve the current system”, whilst in the Epilogue, a clear recommendation to revise the Berne Convention is proposed. Gervais likes the word “pathways”!

And Gervais also gives us a “reasoned and novel voice” to a copyright debate (“we can all ‘win’”) that is all too often driven by ignorance and partisan self-interest. We agree that it should be required reading for all copyright scholars, advisers and practitioners with an interest in the way in which the subject of copyright can be developed in the near future.

The book was published in 2017 and it is available as a book, online and as an ebook.

'(Re)structuring Copyright is a page-turner book that sheds light on the structural flaws of the copyright framework while proposing substantial reforms in view of the challenges of the 21st century. This provocative title is a must-read not only for policymakers, academics, and practitioners focused on copyright but also for anyone who wants to delve into this field.' -- Veronica Rodriguez Arguijo, The IPKat 'If WIPO was instructive, then Gervais' new book is positively illuminating. From its demure law-like binding and meticulously researched pages emerge existential and ontological questions of the highest order focused, in particular, upon Gervais' concern for the stimulation, nurturing and protection of creation, talent and creativity by re-structuring copyright law to further those purposes against the complex legal background of what constitutes originality and fixation. With rhetorical flare and an infectious passion, Gervais sets out the history, and worries about the future of human progress with reference to the kinds of terra-a-terre issues we face in realms such as the MSF's entanglement with big pharma, by setting out the rather slipshod approach that has lurched forward in response to efforts of creators who have sought to protect the products of their genius.' -- AmeriQuests 'This is a very well-written book filled with excellently reasoned exposition and novel ideas. . . This book will be most useful to policy makers and national legislators who are involved in any effort to reform copyright, and are looking for ways to understand and approach the task of restructuring copyright, both internationally and domestically. As an academic text, it is a thought-provoking text with novel ideas and proposals that will be of interest to any copyright scholar researching international copyright treaties and rules, as well as to any copyright student looking for controversial areas of reform to form the basis of their studies and essays.' -- Queen Mary Journal of Intellectual Property 'Addressed to both academics and policy makers alike, (Re)Structuring Copyright is surely going to raise a great deal of interest among those who are interested in the elucidation of copyright norms. A highly recommended read.' -- Journal of Intellectual Property Law and Practice