New Year is often a time of change and the UK legal system is no exception. On 8 January 2008, the government launched a public consultation on proposed changes to the law on copyright. These would introduce new exceptions for the copying of music and films for personal or private use and would extend the scope of existing exceptions on copying of copyrighted works by educational establishments, libraries and archives. The need for changesThe current law on copyright is governed by the Copyright, Designs and Patent Act 1988 (“the CDPA”) which was drafted years before digital technology was contemplated by any of us. As such, the CDPA is now extremely out of touch and requires amendments to bring it into line with modern technology.The government’s proposalsThe following exceptions have been proposed in order to ensure that the UK law on copyright keeps pace with digital technology: a new “format-shifting exception” to allow consumers to copy CDs and DVDs to other devices; extending the right for educational establishments to use copyrighted works to facilitate distance-learning; expanding the scope of the existing exception on copying of copyrighted works by libraries and archives. Copying of music and filmsContrary to popular belief, it is currently illegal to copy music and films from one media to another (eg from CDs/DVDs on to computers or personal devices such as iPods/MP3 players). However, millions of people do so, without realising that they are breaking the law. It has, therefore, been proposed that a new exception is introduced to allow consumers to copy music and films from their legitimately owned CDs and DVDs to other devices in order to be able to access such media in alternative formats, provided that such copying is for the consumers’ personal or private use only (i.e. onward sale, loan or sharing of the copied music or films is not allowed.) In addition, copying the contents of the CD/DVD on to another CD/DVD or making multiple copies will continue to be illegal. Exceptions for educational establishmentsAt present, educational establishments are permitted to record broadcasts and to copy passages from published works to be used as teaching aids during lessons held within such educational establishments.It is proposed that this right should be extended to enable schools and universities to send copies of recorded broadcasts and copied passages to students via the internet to facilitate distance-learning or online education.It is, however, still unclear what type of security measures should be placed on educational establishments to control access to such copied materials and the level of responsibility which should be placed on schools and universities in order to maintain security of the copied materials and to prevent onward distribution.Exception for libraries and archivesLibraries and archives are currently allowed to make copies of literary, dramatic and musical works for preservation or replacement purposes. It is proposed that this right be expanded to cover sound recordings and films and to allow libraries and archives to copy copyrighted works onto other media before the format they are stored on becomes obsolete or degraded.The public consultation process will run until 8 April 2008 at the end of which the government will analyse the responses and prepare draft legislation on copyright exceptions.
Copying of music and filmsContrary to popular belief, it is currently illegal to copy music and films from one media to another (eg from CDs/DVDs on to computers or personal devices such as iPods/MP3 players). However, millions of people do so, without realising that they are breaking the law. It has, therefore, been proposed that a new exception is introduced to allow consumers to copy music and films from their legitimately owned CDs and DVDs to other devices in order to be able to access such media in alternative formats, provided that such copying is for the consumers’ personal or private use only (i.e. onward sale, loan or sharing of the copied music or films is not allowed.) In addition, copying the contents of the CD/DVD on to another CD/DVD or making multiple copies will continue to be illegal.