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Copyright

I have been following this debate with interest and want to pick-up on a
couple or so specific points.

These were raised by Graham Young and by Ellen.

I will state straight away that I make no comment whatsoever on the
qualitative differences that they perceive as applying to the cases they
mentioned.

My comments are also based specifically upon UK law, although the position
does not differ much in other European countries.

A first and general point, is that there is no blanket exception for copying
for private study, even if the copying is done in a library.  Libraries have
previously been prosecuted for copyright infringement.

Copying for research and private study must first and foremost be 'Fair
Dealing', ( Section 29, Copyright, Patents and Designs Act 1988).  These
words are often overlooked or ignored, but they are of critical importance.
The copying of an entire work, book, magazine, or the making of multiple
copies would not be fair dealing.  (Sections 37 to 44 of said Act set out
conditions for copying in libraries).

The making of a compilation tape or CD from a number of other another, for
the purpose of using it in the car is, without doubt, infringement of
copyright in all the tracks copied and is illegal.

Recording one piece from a CD for study for school or college work is an
infringement of copyright and is illegal.  Bear in mind that copying one
track from a CD amounts to copying an entire copyright work.  There are
provisions in the Act which cover copying by educational establishments, but
they are very limited and do not cover this kind of copying.

A number of European countries have provisions covering private copying and
deal with this by way of a levy on blank recording media.  There is  strong
pressure from collection organisations to extend this to hardware, such as
computers.

The UK has no provisions for levies and has no current intention to
introduce them, as they would have the effect of significantly increasing
the cost of buying computers, printers, scanners and other such equipment.
The levies being sought on computers are far from insignificant.  In effect
the many who do not use such equipment for copying would be paying a tax to
cover copying by those who do.

As I said above, I make no moral or qualitative judgement , I am merely
setting out the legal position.  I am sorry if it is not to peoples liking.

Regards
Harry Ibbotson
Tadley Concert Brass
Intellectual Property Consultant



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