Copying CDs could become legal

 

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By Stuart Turton

Posted on 8 Jan 2008 at 13:51

The government is considering legalising private copying of CDs, as it seeks to reform existing intellectual property laws.

While it is common practice for music owners to rip their CDs for use on MP3 players, most are unaware that this practice is illegal. The government wants to address this by creating an exception under copyright law, a recommendation first mooted in the Gowers report into intellectual property.

"The exception would only apply to personal or private use," says the proposal. "The owner would not be permitted to sell, loan or give away the copy or share it more widely (for example in a file sharing system or on the internet). Multiple copying would not be allowed."

Intellectual property minister Lord Triesmann believes the laws would help clarify the issue for consumers, a position backed by the British Phonographic Industry, which warned the government would need to ensure the laws were watertight.

However, The Association of Independent Music (AIM), believes the exception may actually end up confusing consumers further.

"A far more progressive copyright framework is required. AIM is worried that the exception might lead to a perception that sharing from person to person is also legal, opening the floodgates to file sharing," says an AIM spokesperson.

The body also has concerns that legislating for CDs specifically could leave the laws open to misuse once the technology itself becomes defunct.

Compensation

AIM also believes that where music is copied, the copyright holder should be compensated in line with the EU's Copyright Directive. However, while this possibility was addressed in the Gower's report, the government has dismissed the issue claiming that "the exception proposed in this paper is very narrow in scope and, therefore, we consider that there would be no obligation for payment under the Copyright Directive for a limited format shifting exception, as there is no significant harm to the right holder which would need to be compensated."

The government is currently holding a public consultation into the issue which will close on 8 April.

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