In a book, the way rights are protected is straightforward. The copyright statement at the front balances the interests of creators and readers. As the author or publisher, you are rewarded, but public access is guaranteed under certain conditions, particularly for research.

The right to copy digital content is less clear-cut. Titles tend to come with a contract, usually click-and-use or as a shrink-wrapped licence. In English law, such terms supersede copyright and are generally more restrictive of activities such as students reproducing material without permission or libraries making copies for archives.

‘We are seeing contract law undermining the role of the public good in copyright,’ argues Ben White, who manages intellectual property at the British Library, one of the world’s leading centres for research.

After joining the library 18 months ago, White took a sample of 30 digital contracts. ‘Only two were as generous as copyright. The other 28 were more restrictive on “fair dealing”. Copyright is about achieving a balance for the benefit of society. Contract is produced by rights holders in their own interests. We are calling for copyright to supersede contract law in terms of limitations and exceptions.’

A copy of every book published in the UK has to be deposited at the British Library. Since 2003, this legal requirement has also applied to digital publishers.

The terms and conditions of software contracts almost always vary, so it looks as if White and his colleagues will have to determine rights of access for the 18,000 digital titles at the library on a case-by-case basis.

‘It is going to make life impossibly complicated,’ he says.

‘This is fundamental to our operations and lies at the heart of what we do. In a knowledge economy, access is vital. We now have the bizarre situation where a wealth of information is being opened up by search engines, while at the same time the law of contract is closing it down.’

White also has problems with the digital right management (DRM) systems, which control and track use. ‘We hold material in perpetuity,’ he says. ‘So we would like titles and databases to be deposited without DRMs, as it might restrict our archiving and copying.’