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Copying creative works from a compact disc to a computer or MP3 player for your own private use will be decriminalised under new government proposals. Millions of Brits, including MPs and teachers, currently transfer creative works, such as music, films, photos or broadcasts, on to PCs or mobile devices, thereby breaching the law. Individuals who do copy creative works from one media to another can be fined and sued, even if they a copy - or ‘burn’ - a CD they’ve bought for their own private use. In practice, such legal action is unlikely but it is within the scope of the Copyright, Designs and Patents Act 1988 – which many experts believe needs reform for the digital age. The government has now signalled it agrees with this consensus, saying it will look at the viability of introducing a ‘format shifting exception’, to allow creative works to be copied. Lord Triesman, minister for intellectual property, is calling on Britons to give their views about the move, which, in practical terms, must “not damage the interests of copyright owners.” He is running a consultation until March 7, designed, he said, to ensure the UK’s copyright system “keeps up with the times and works effectively.” Explaining the importance of updating the IP system, he added: “It underpins the success of a variety of culturally important and economically successful sectors of UK industry such as music, film, computer games and sport.” The only other caveats before consumers can legally ‘burn’ their creative works are that the original media must have been bought legitimately and that the copy must be solely for private use. These recommendations are not completely new – the spirit of most of the proposals was born in the Gowers report into intellectual property, commissioned by Gordon Brown in December, 2005. Perhaps it is this length of time to digest the ‘private right to copy’ idea that explains why record labels are, in the main, embracing the idea. However the Association of Independent Music has warned that the exception could open the floodgates to “uncontrolled and unstoppable” private copying and sharing from person to person. One legal expert has also expressed fears that the proposal could give youngsters the impression that they can copy whatever they like and sell it on to their friends. But the government’s case, backed by the likes of the respected Institute for Public Policy Research, appears to be solid. The tabled reform would enable schools and universities to make the most of digital technologies and facilitate distance learning, Lord Triesman said. It would also allow libraries and archives to use technology to preserve valuable material before it deteriorates or the format it is stored on becomes obsolete. Moreover, it would also decriminalise the actions of millions of Britons, including, most famously, the Prime Minister, who has told reporters he enjoys listening to the Arctic Monkeys on his MP3 player. The latest study from the National Consumer Council, which endorses the proposals, shows that almost 60% of Brits wrongly think burning from CD to PC is legal. “The problem with current copyright rules is that consumers don’t understand them and they are out of step with modern life,” said Jill Johnstone, NCC’s director of policy. “Copying music and films, say, from one piece of equipment to another for your own private use at home or in the car, is currently illegal - even though advances in technology make it possible. This is confusing for consumers and it brings the law into disrepute.” Updating the law with the ‘format shifting’ exception was encouraged but needs careful framing from policy makers, the council stressed. “That means they [the new measures] must be simple and easy to understand, they must be fair to consumers about what they can do in their own homes and they must be flexible enough to deal with future advances in technology,” said Ms Johnstone, adding that copyright law is complicated, meaning the “devil will be in the detail.” Jan 15, 2008 Email this article Printer friendly page Previous Page
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