Copyright - The time to act is now

[Tom Alves]

Just like to point out that at present it is totally ilegal to copy any data from one medium to another without a licence. Naturally this includes anyone using an iPod or recording vinyl for backup purposes or creating CD-Rs for use in the car. It also impacts on anyone backing up computer software from the HD to archival media and will have a major impact on HDD music systems.

This is a ridiculous state of affairs and the current law law is under review. If you think you should be allowed to copy your music to other media for storage or use elswwhere in your environment you should write to Teresa Arnesen of the Intellectual Property & Innovation Directorate at the UK Patent Office at [email protected] about consultation on working paper SEC (2004) 995 (19/7/04) reviewing EU legislation in the field of copyright and related rights and also [email protected] at the European Commission. You can learn more information about the consultation , and a link to the Europa website etc can be found on this page of the Patent Office here

They are interested to hear individual's views on the subject rather than just the big corporations.

The closing dates for submissions is 31 October.

 

[robert_cyrus]

funny, the "mp3" pamphlet that comes with the latest what hifi mag proclaims that it is perfectly legal to backup your cd collection onto your ipod (or whatever). it also mentions somewhere else (i'm sure i read) that it is also perfectly legal to copy to cd-r any cd you bought.

with publications like this stating the law, so to speak, who are we to believe ?

 

[Tom Alves]

I suggest you look at the Patent Office Website. It depends on the licence but where CDs are concerned it is unusual to allow copying.

 

[Tom Alves]

You might also be interested to hear that the boss of Universal Music Group UK John Kennedy can't wait to start suing British music sharers

 

[Tom Alves]

funny, the "mp3" pamphlet that comes with the latest what hifi mag proclaims that it is perfectly legal to backup your cd collection onto your ipod (or whatever). it also mentions somewhere else (i'm sure i read) that it is also perfectly legal to copy to cd-r any cd you bought.

with publications like this stating the law, so to speak, who are we to believe ?

I've not seen the pamphlet but having dug around somemore I suspect they are confusing law in the US where it might be legal to make personal copies for iPod if you apply the 1992 "Reasonable Use Act". Unfortuately that doesn't apply in the EU as our law changed in 2003 nor in New Zealand.

 

[Tenson]

Will definitely write to them when I get time.

I don't think they will stop people sharing music or backing up CD's even if it is against the law. It would be like trying to enforce prohibition.

 

[PBirkett]

Nice sentiment Tom, and I would write if I thought it would make any difference, but I dont. We, the common man, are on this planet to be raped up the ass by everyone these days. It seems that enjoying yourself in any forum these days in unacceptable, whether it be putting music on HD, driving over the speed limit by 1 mph, smoking.... whats the point

 

[PumaMan]

The nanny state rules! You are all naughty 8 year olds that need to be protected from yourselves and also an extra dollop of police monitoring.

 

[robert_cyrus]

i'll see if i can find these quotes and post them here - we should probably follow this up with what hifi magazine !

 

[tones]

funny, the "mp3" pamphlet that comes with the latest what hifi mag proclaims that it is perfectly legal to backup your cd collection onto your ipod (or whatever). it also mentions somewhere else (i'm sure i read) that it is also perfectly legal to copy to cd-r any cd you bought.

Robert, I believe this to be the case under US copyright law, but UK/European copyright law is not quite the same. However, even the US situation could change:

http://www.wired.com/news/politics/0,1283,64297,00.html

 

[Tom Alves]

So what would happen to CD-Rs? I use the one in my PC for backups of my work, databases etc but I could if so inclined use it to burn music albums or store images downloaded of the net.

and like I said elsewhere it puts Sony in an interesting position

 

[Graham C]

It has never been legal in the UK to copy anything copyright, apart from a few exceptions like small scale academic use. This has always been a farce since we have tape recorders, VCRs, record libraries, i-servers, CD-R etc. I would guess bake-offs are illegal too [unlicenced public perfomance of recorded work] except maybe at madhippy's house - in his job he might have a licence - right??

 

[dunkyboy]

This isn't nanny state at all, this is desperate, paranoid corporations run amok! I'll definitely write when I get the chance (absolutely knackered ATM so gonna listen to some music ).

Dunc

 

[Zoomer]

i have know about this for ages i recived info on this 2 or so years ago and have writen a few times to differnt people about it.

copyright law is differnt in europe and part of the eu constitution would change our law so luckely atm thats still not certain.

one thing you might find interesting though that under the computer miss use act content of a hard drive is not owned, therefor crosses over the copyright law at some point.

at the end of the day the only thing i see thats going to happen is that maybe as much as 500 people are prosicuted for possesion of copyright material and that would be done as a scare tactic.

 

[robert_cyrus]

What MP3? insert from November What Hifi magazine

Is it legal ?
Music compression is perfectly legal, though it is possible to use the technology illegally. It is legal to make a copy of a CD you own for personal use, but it's illegal to make further copies, or to sell or giveaway copies. Distributing digital music files to people who don't own the original version breaks copyight law. In short, as long as it's music you've bought on CD, or downloaded from a legal music website, you're not going to get a knock on the door from the boys in blue ...

 

[Tom Alves]

What MP3? insert from November What Hifi magazine

Music compression is perfectly legal, though it is possible to use the technology illegally.

Interesting point as you are altering the way the file is stored but with out changing the medium or the content, leave that to the lawyers

It is legal to make a copy of a CD you own for personal use

100%wrong unless the licence specificallyallows this,

but it's illegal to make further copies, or to sell or giveaway copies. Distributing digital music files to people who don't own the original version breaks copyight law

True.

In short, as long as it's music you've bought on CD, or downloaded from a legal music website, you're not going to get a knock on the door from the boys in blue ...

This is extremely misleading. Downloaded MP3 probably come with a licence that allows copying but check first, it is unusual for a CD to come with such a licence (although not unheard of) and with out permission you may not make a copy under any circumstance.

To put it another way, What? hi-fi? can hardly be trusted to write a sensible review about the equipment they test, do you really trust them to interpret copyright law?

 

[Tom Alves]

From the UK Patent Office site

# But if I've bought something, can't I use it however I like?

Just buying a copy of a book, CD, video, computer program, etc. does not necessarily give you the right to make further copies (even for private use) or play or show them in public. The right to do these things will generally remain with the copyright owner, whose permission you would need. You should note that photocopying a work, scanning a work to produce an electronic copy and downloading a copy of a work which is in an electronic form (eg. on a CD-ROM or an on-line database) all involve copying the work so that permission to copy is generally needed.

# But if I have permission, ie. a licence, to use a work, can't I use it however I like?

Not unless the licence you have allows any use of the work. Often a copyright owner will only give permission for some uses of a work, eg. publication of a photograph in a particular newspaper, and, if you want to use the work in any other way, eg by publishing the photograph in a magazine, you will need to seek further permission.

 

[Tom Alves]

Mind you all the above misses the point which is that the EU Commission are looking for submission and views of the users. If you feel you have anything to contribute on the current state of copyright or any problems you foresee arising from the fast developing technologies then email them.