{"id":17185,"date":"2015-02-05T11:01:31","date_gmt":"2015-02-05T05:31:31","guid":{"rendered":"http:\/\/localhost\/one\/sinapse-blog\/?p=17185"},"modified":"2025-05-30T12:41:06","modified_gmt":"2025-05-30T07:11:06","slug":"copyright-regulation-private-copying-uk-music-industry","status":"publish","type":"post","link":"https:\/\/www.bananaip.com\/intellepedia\/copyright-regulation-private-copying-uk-music-industry\/","title":{"rendered":"Copyright Regulation to allow private copying; Faces ire of UK Music Industry"},"content":{"rendered":"

Following the recommendations given in independent report<\/a> by Professor Ian Hargreaves in 2011, the UK Government had come up with several changes<\/a> in the copyright law covering aspects of fair dealing for accessible formats for the disabled, research and education, public administration, parody and personal copies for private use. Of these, the regulations allowing personal copies of legally-bought music to be made for private use, under exceptions to the copyright law, are facing strong resistance from the UK music industry.<\/p>\n

Coming into force on October 1, 2014<\/a>, the law was one of the two delayed statutory instruments on the matter which were passed on July 29. Though the exact legal document can be seen here<\/a>, the Intellectual Property Office has released eight guides to explain the changes in simple terms. Of these guides, the one for consumers<\/a> explains that these changes \u201callow you to make personal copies of media (ebooks, digital music or video files etc, [except computer programs]) you have bought, for private purposes such as format shifting or backup\u201d<\/em> on any of devices even the online cloud space that a consumer owns personally, though it remains \u201cillegal to make copies for friends or family\u201d<\/em> and the electronic media used for distribution such as DVDs and e-books \u201ccan still be protected by technology which physically prevents copying and circumvention of such technology remains illegal\u201d.<\/em><\/p>\n

Thus, The Musicians\u2019 Union, The British Academy of Songwriters, Composers and Authors (BASCA), and the UK Music have jointly filed an application to for the judicial review of this particular regulation. One of the claims made is that the legislation cannot implement such an exception without providing for fair compensation to the right-holders as mandated by Section 35 of the EU Copyright Directive<\/a>. The compensation sought could be in the form of a state subsidy or a levy on sale of electronic devices such as MP3 players and iPods. Stating that the music industry supports the idea behind the change, Vick Bain, CEO of BASCA, added, \u201cWe have sought judicial review because of the way the government made its decision not to protect the UK\u2019s creative industries \u2013 in stark contrast to other countries that have introduced copyright exceptions. We fully support the right of the consumer to copy legally bought\u00a0music for their own personal and private use, but there must be fair compensation for the creators of the music\u201d.<\/em><\/p>\n

However, this very EU Directive, that the music industry is relying on, states, \u201cIn certain situations where the prejudice to the rightholder would be minimal, no obligation for payment may arise\u201d.<\/em>\u00a0Considering how the Government in its report titled Modernising Copyright<\/em> had responded to such a concern stating, \u201cIn view of the minimal impact on sales expected to arise from introduction of this permitted act, and the opportunity that it provides for the value of private copying to be priced in at the point of sale, the Government believes it will cause minimal, if any, harm to rights holders\u201d,<\/em> it seems unlikely that the Government will relent easily. Mike Weatherley, former adviser on intellectual property to David Cameron, told Financial Times<\/a>, \u201cThe UK\u2019s private copying exception is defined in a much narrower and more restrictive way than similar exceptions found elsewhere in Europe. In some European countries, the exception allows people to share their music with many family members and friends\u201d.<\/em> Even so, the Judiciary\u2019s opinion on the matter remains to be seen.<\/p>\n

Source: Worldipreview<\/a><\/p>\n

Image source: here<\/a>\u00a0(Use of this image is governed by Creative Commons license CC BY SA 2.0<\/a>)<\/p>\n

This article is contributed by Mr. Priyank Dwivedi \u2013 Intern at BananaIP Counsels<\/p>\n","protected":false},"excerpt":{"rendered":"

The UK\u2019s new copyright regulation enables personal copying of legally bought music, but the music industry is challenging it over compensation concerns. The regulation\u2019s compliance with EU law and its impact on rights holders remain under judicial review.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":16,"footnotes":""},"categories":[3,6,22,7],"tags":[6969,3697,6972,5,6974,6973,6970,6971],"class_list":["post-17185","post","type-post","status-publish","format-standard","hentry","category-copyrights","category-intellectual-property","category-ip-commercialization-licensing","category-media-and-entertainment-law","tag-copyright-regulation","tag-eu-copyright-directive","tag-fair-compensation","tag-intellectual-property","tag-legal-exceptions","tag-music-copyright-law","tag-private-copying","tag-uk-music-industry"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/17185","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/comments?post=17185"}],"version-history":[{"count":2,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/17185\/revisions"}],"predecessor-version":[{"id":132710,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/17185\/revisions\/132710"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=17185"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=17185"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=17185"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}