UK’s Legalization of CD Ripping is Unlawful, Court Rules

[Scubbie]

UK's Legalization of CD Ripping is Unlawful, Court Rules | TorrentFreak

Several music industry organizations in the UK have won a judicial review which renders the Government's decision to allow copying for personal use unlawful. According to the High Court, there's insufficient evidence to prove that the legislation doesn't hurt musicians and the industry at large.

Late last year the UK Government legalized copying for private use, a practice which many citizens already believed to be legal. However, until last October, anyone who transferred music from a purchased CD to an MP3 player was committing an offense.

The change was “in the best interest” of consumers, the Government reasoned, but several music industry organizations disagreed.

In November the Musicians’ Union (MU), the British Academy of Songwriters, Composers and Authors (BASCA) and UK Music applied for a judicial review of the new legislation.

While the groups are not against private copying exceptions, they disagreed with the Government’s conclusion that the change would cause no financial harm to the music industry.

Instead of keeping copies free, they suggested that a tax should be applied to blank media including blank CDs, hard drives, memory sticks and other blank media. This money would then be shared among rightsholders, a mechanism already operating in other European countries.

Today the High Court largely agreed with the music industry groups. The Government’s conclusion that copyright holders will not suffer any significant harm was based on inadequate evidence, Mr Justice Green ruled.

“In conclusion, the decision to introduce section 28B [private copying] in the absence of a compensation mechanism is unlawful,” the Judge writes.

The Judge didn’t agree with all claims from the music groups. For example, he rejected the allegation that the Government had unlawfully predetermined the outcome of the private copying consultation.

Nonetheless, the application for a judicial review succeeded meaning that the private copying exceptions are now deemed unlawful. As a result, the Government will likely have to amend the legislation, which took roughly half a decade to implement.

The UK music groups are happy with the outcome and are eager to discuss possible changes with lawmakers.

“The High Court agreed with us that Government acted unlawfully. It is vitally important that fairness for songwriters, composers and performers is written into the law,” UK Music CEO Jo Dipple commented on the ruling.

“Changes to copyright law that affect such a vital part of the creative economy, which supports one in twelve jobs, must only be introduced if there is a robust evidential basis for doing so,” Dipple added.

The High Court scheduled a new hearing next month to decide what action should be taken in response to the judgment, including whether the private copying exceptions should be scrapped from law.

[lettice]

Honestly have they not got something better to do.
Do people buy cds anymore.
Modern music is not for me, but I've bought plenty of google play and itunes music recently for my dinosaur rock bands.
If the music indusrty is not happy with the way of the world, now spotify, pandora youtube have moved it on, they should have got in on the act years ago themselves.
Luckily I have no cds to rip anymore, all sold to music magpie years ago.
All my old music content is loaded on apple and google cloud now and they own the content

[gymno]

Instead of keeping copies free, they suggested that a tax should be applied to blank media including blank CDs, hard drives, memory sticks and other blank media. This money would then be shared among rightsholders, a mechanism already operating in other European countries.

Really?

So if i store MY photos that I'VE taken on MY camera on a memory stick that I'VE purchased, these 'rights holders' want some of the cost of that memory stick to go to them?

[Scubbie]

I have always considered their stance a glorified joke.

As I've previously mentioned on these forums, I bought a Sony Discman back in 2001. It came with the software that allowed you to not only rip the tracks from your own CDs, but also the tools to encrypt the tracks so that you could pack considerably more onto your own CDs, that it burned.

Yes I did purchase the Discman in a Sony shop in Portsmouth, UK too.

So as far as I am concerned the very people behind this complaint are the very same people who supplied me with the tools to complete the task in the first place.

[seawright]

If a tax is to be applied to blank media why not apply standard rate VAT to children’s clothes at the same time under the pretext that such clothing could be worn by small adults.

[gymno]

Or give nestle & kellog's 1p for every cereal bowl sold.

You know, just in case your mum didn't like that 'new recipe' & gave you the box to try.