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UK Becomes Sixth Country to Implement EUCD

orbital3 writes "The UK, as of October 31, 2003, became the sixth nation to implement the laws required to comply with the European Union Copyright Directive with its Copyright and Related Rights Regulations 2003 legislation. This is a short little article about it and here is a copy of the law itself."

5 of 479 comments (clear)

  1. Its not all bad news by skeeve22 · · Score: 5, Informative

    1. They've allowed temporary copies (Section 8) - so "transients" created say while listening to the music aren't infringing :-)

    2. They've allowed "timeshifting" for domestic premises. Interestingly this opens a whole can of worms for them given the phrasing. A copy can be made for the purposes of timeshifting as long as it does not become an infringeing copy - i.e. one that is sold or let for hire. This would seem to allow at least the creation of "backup" copies for personal use.

    3. Section 15 - Observing Studying and Testing of Computer Programs. They've allowed this - as long as you own a copy - and even better this Copyright Act overrules any restrictive license imposed by the copyright holder. (2) Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296A, void).".

    Of course the really stupid part of this is that any infringement is a criminal offense (why?) and you can potentially end up spending longer in jail than a burglar or rapist.

  2. Maybe not *all* bad by flossie · · Score: 4, Informative
    I've just started skimming through the amendments. I haven't come across the stuff prohibiting back up copies yet, but I did come across this section, which appears to explicitly allow reverse engineering, regardless of any terms or conditions attached to the product:

    Observing, studying and testing of computer programs
    15. - (1) After section 50B there shall be inserted -

    50BA Observing, studying and testing of computer programs

    (1) It is not an infringement of copyright for a lawful user of a copy of a computer program to observe, study or test the functioning of the program in order to determine the ideas and principles which underlie any element of the program if he does so while performing any of the acts of loading, displaying, running, transmitting or storing the program which he is entitled to do.

    (2) Where an act is permitted under this section, it is irrelevant whether or not there exists any term or condition in an agreement which purports to prohibit or restrict the act (such terms being, by virtue of section 296A, void).".

  3. Re:In short by JaredOfEuropa · · Score: 5, Informative
    It kills your right to make personal backups

    No it does not, not directly at least. There is no provision in the law that prohibits you from making copies for personal use.

    However, it does make it illegal to circumvent copy-protection devices... in a few years, when DRM might becomes commonplace, it could mean that your rights to make copies for personal use are de facto taken away from you.

    Over here in Holland, fair-use rights have always been upheld as a right. Not because prevention and prosecution of the making of such copies would be impractical, but because lawmakers deem the ability to make such copies for personal use a right. What I would like to see is legislation that would protect and guarantee this right, rather than take it away by outlawing the circumvention of copy protection devices. How about a law that outlaws a copy protection device or DRM, if such a device would infringe on fair-use rights, making it impossible to make copies for home use?

    Unfortunately it will never happen. When corresponding with both left-wing and right-wing representatives in the EU government, I get the distinct feeling that no consideration whatsoever is given to the rights of individuals, when copyrights or piracy are discussed. The current politcal wind seems to fully favor the RIAA and its ilk.

    More about the EUCD and the UK implementation.
    --
    If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  4. Re:Oh great. Now I'm a criminal by Tim+C · · Score: 4, Informative

    I'm afraid not.

    The making in domestic premises for private and domestic use of a recording of a broadcast solely for the purpose of enabling it to be viewed or listened to at a more convenient time does not infringe any right conferred by Part 2 in relation to a performance or recording included in the broadcast.

    [emphasis mine]

    As I read it, that section relates specifically and only to time-shifting broadcasts, not to "media-shifting" CDs, etc. Which, frankly, sucks. I run a (private) streaming mp3/ogg server at home, so I can listen to my music at work without lugging CDs around or leaving them in the office, or ripping them all to my work machine's rather small hard drive (hah - which I suppose is illegal anyway...). I guess that's now illegal; thanks guys. And this is meant to make me buy *more* CDs?

  5. Denmark, Germany, Italy, Greece, Austria by jochietoch · · Score: 5, Informative

    according to this site. (Google is your friend).