Well it might be a happy new year for music fans if the Government implements its proposals contained within a consultation published this week to change copyright law to allow private copying or 'format shifting'.
The proposals follow a recommendation made in the 'Gowers review of Intellectual Property' published in December 2006. Under the 2001 European copyright law directive it is envisaged that private copying could be permitted subject to member states allowing "fair compensation" for the rights holders (owners of the copyright work). However, the UK government considers that format shifting with no payment to copyright owners represents "a fair balance between the interests of consumers and those of rights holders". The consultation therefore envisages an exception to copyright law to allow private copying between formats with no obligation for payment in the circumstances of personal use. This would bring UK law more in line with the position in the US where copying is permitted for private use. The exception would not extend to making copies to sell, loan or share more widely, so unauthorised peer-to-peer sharing would still infringe copyright.
This change will certainly be welcomed by consumers but the British Music Rights organisation is quoted in the Guardian as advising the government to ensure that the exception is tightly drafted. What record companies and other rights holders may fear is that that consumers will see the changes as giving free reign to copy freely without any restriction.
The consultation also suggests a further exception to allow libraries to make copies of sound and video recordings for preservation or replacement (which currently extends only to written works), and to allow schools and universities the right to show copyright works over computer networks in the course of distance learning.
The deadline is 8 April 2008 to submit your responses to the proposals!
This is how I look at it. The music industry had been getting a free ride for a very long time. Too many people making money in a chain of a CD getting from artist to customer. And I say this as an artist.
YOurs Truly,
Mike
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Posted by: Donkey Lawyers | January 12, 2008 at 11:18 PM