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UK Report Suggests Tougher Copyright Laws

danpsmith writes "The BBC has an article about a government report which proposes new powers against copyright infringement. Interestingly, however, it also: "says private users should be allowed to copy music from a CD to their MP3 player" and further "recommends the 50-year copyright protection for recorded music should not be extended," saying, "The ideal IP system creates incentives for innovation, without unduly limiting access for consumers and follow-on innovators." While satisfied with most of the report, The British Phonographic Industry (BPI) says, "it would continue to press for the copyright extension.""

18 of 229 comments (clear)

  1. Legalize file sharing already. by QuantumG · · Score: 5, Funny

    "By tidying up a small part of the copyright law, we believe Gowers may well be opening the floodgates to uncontrolled and unstoppable private copying and sharing from person to person, as well as format to format." I've got some bad news for you.

    --
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  2. So much time, so many wasted days by zappepcs · · Score: 4, Insightful

    Its a shame really that so much of the world is caught up in wasting their time trying to argue with the **AAs of the world, or trying to help them protect their (stolen) products. Why are our governments wasting so much time on this? Could it be that they are all being paid on the hush hush to do so? If that is the case, why don't we revolt?

    Seems that stubborn headed ignorance is the rule of the day?

    Its a shame... No matter what decision is made, all this time, money, and resource has already been wasted to try to equalize what one industry wants made into law to line their own pockets. Yeah, I know, this is just one industry, but this is the industry that is on topic... its a start if we all, and I mean all, simply stop buying music. See how that suits them. Don't buy any for gifts this year; don't buy any for personal use. They can't possibly prosecute all downloaders, nor could they afford to continue to do so without revenue. We can't all be put in jail...

    signed: frustrated

    1. Re:So much time, so many wasted days by Dun+Malg · · Score: 5, Insightful
      How else would you suggest they stop the problem? No matter how you cut it, downloading copyrighted music without paying for it is a crime.
      Ah yes, and the fact that it is illegal is the end of the argument of course. The law is the ultimate decider of morality, right? The fact that certain groups have purchased law that leans heavily in their favor, in direct contravention of the stated premise of the area of law in question, that is immaterial, yes?

      I do not have to supply an alternate solution to the "problem". The "problem" is the solution. If a small cartel of non-producing corrupt money-grubbers think they can erect a permanent fence around our common freakin' culture and charge us admission, the only solution is to refuse to acknowledge the validity of the fence and knock it down wherever we can.

      "but it's against the law!"
      moron
      --
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  3. Re:Flame away, but I agree to an extent by Yartrebo · · Score: 5, Insightful

    "Any ideas for how to effectively stop illegal downloads?"

    Make all downloads legal, and there will be no more illegal downloads.

  4. Uh...yeah. by Demona · · Score: 4, Interesting
    "private users should be allowed to copy music from a CD to their MP3 player"

    Well, that's mighty fucking white of them. Next up: Reports from Herefordshire indicate a possible end to meat rationing starting mid February.

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  5. Stealing... by Anonymous Coward · · Score: 4, Insightful

    From TFA: Peter Jamieson, chairman of the BPI, said: "Stealing music is effectively stealing the future of British musicians and the people who invest in them.

    Copying is NOT stealing.

  6. Do you get paid for 95 years for today's work? by ConfusedSelfHating · · Score: 5, Insightful

    Only if you invest your weekly paycheck. I don't understand why copyrights have to last longer than 20 years. If have a successful song or book, invest the money. If you want to continue making money by making music or writing, create new material. Otherwise, there's always demand for new MacDonald's employees.

    Patents expire. Does that mean that no one can make money on patents? Ignore patent trolls and American lawyers for a moment. Think of a company that files a patent and makes the product described by a patent. They have a monopoly for a set period of time, allowing them to sell a product that no one else has. Because the patent will expire, the company needs to continue innovating. Competitors will have access to the patent eventually and will be able to release different (often better) products based on the technology. If the patent system wasn't profitable, no one would file patents.

  7. The ideal copyright system... by mark-t · · Score: 5, Interesting
    • Is one that only allows copyrights to be owned by people, not corporations.
    • Is one that is of a definite scope and duration, with possibly shorter durations for works that are intrinsically transient, such as software.
    • Is one that has a limited-scope exemption from copyright infringement for purposes that would qualify as fair usage.
    • Is one that has an unlimited exemption from copyright infringement for personal and private copying.
    • Is one that does not get ammended to legally inihibit people from excercising the priveledges afforded by the above two exemptions merely because of the obstacles posed by enforcement.
  8. Re:Flame away, but I agree to an extent by zappepcs · · Score: 5, Insightful

    You are almost right. Musicians have to worry about this because they sold their souls to companies that belong to the RIAA or equivelant. They sold out because of the monopoly that the music industry forced on musicians, and now they can't sell directly. The problem IS the RIAA, not just what they wish to be enacted as law. The entire business model of the RIAA is fscked, outdated, and not even compatible with current technologies. Let the RIAA die!

  9. Re:Flame away, but I agree to an extent by zotz · · Score: 4, Insightful

    "I happen to agree that the world needs far tougher copyright protections, and ones that are more effective (while being less intrusive) than current DRM schemes."

    Well, if you mean better protections, I don't think it is needed, but... However, if you mean harsher penalties, they are already way over the top. I think I know why, but that doesn't excuse things.

    As far as I can tell, you can get a way harsher sentence in my country for being found in posession of a knock off CD or DVD that you purchased thinking it was legit than for going into a store and really stealing the genuine article. Somehow that seems backward to me.

    all the best,

    drew

    --
    FreeMusicPush If you want to see more Free Music made, listen to Free
  10. OH! The Irony by tkrotchko · · Score: 4, Insightful

    In the sidebar is this little gem:

    http://news.bbc.co.uk/2/hi/entertainment/6214512.s tm

    When you click the link, as it turns out the recording industry has cheated Olivia Newton John out of royalties related to her Grease movie.

    Doesn't that put it all into perspective. Some poor slob gives a copy of a CD to his mother and he's a criminal. The recording industry cheats millions from performers and it's just an accounting practice.

    Holy cow.

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  11. Copyright is wrong by jwiegley · · Score: 4, Insightful
    Not that it's anything we don't already know but the current copyright laws do not serve the purpose that they were intended to. Protecting the rights of the author to profit from his ideas while protecting the public to make use of and grow from the benefits provided by the idea.

    Personally, I feel copyright laws should be abolished and redone from scratch.

    My biggest argument for this lies in the fact that different forms of intellectually property are not treated fairly and equally. Why should the author (and heirs) of copyrighted song benefit for 70 years after his death (and in perpetuity through renewals), while the author (and heirs) of a patent for a fusion reactor containment system only be allowed to profit for a total of 20 years after the filing of the patent??? Ask the 'A' in "RSA" about this sometime. He's not dead but the protection of his property is. Walt disney has been dead for 40 years, yet you still can't make a cartoon mouse without being sued.

    Is a song worth more than a fusion reactor? No. Is a fusion reactor worth more than a song? No. (Well, I think it is but I'm generally considered uncultured.)

    My point is that both are intellectual property and both should be treated fairly and equally with regards to each other. Whether your view is "Copyrights should last 20 years after the filing of the copyright" or "Patents should last 70 years beyond death and be renewable", I don't care. But the intellectual effort of all authors should be treated with a measure of equality.

    My view point is 20 years after filing for both. That seems to strike the right balance of the author gets to make a huge profit for 20 years while the public can derive a benefit in the foreseeable future.

    --
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  12. It's a lot more than tougher laws by Anonymous+Brave+Guy · · Score: 4, Insightful

    OK, since <obligatory moan> for some reason the eds posted a story about a BBC article and not my version straight from the source</obligatory moan>, let's get a few things cleared up.

    We're talking about the Gowers Review of Intellectual Property. This was a wide-reaching review, covering a lot more than just copyright, though of course copyright is a major component in our IP framework.

    In terms of copyright law, here are some of the major recommendations from the review:

    • The EC should not extend the copyright term for sound recordings and performers' rights. Moreover, if any extensions are proposed, they should not be retroactive. (The arguments given for this approach would make most Slashdotters proud, I imagine!)
    • The UK should introduce a tightly specified private copying exception, to legalise format-shifting.
    • Enforcement needs to be stronger, with tougher penalties and consideration given to a fast track procedure.
    • It is too early in the development of DRM to start legislating about it, but it should not be allowed to interfere with legitimate uses of copyright material that are non-infringing. An existing mechanism to report such abuses of DRM is noted, but is so convoluted that no-one has ever used it. The Review recommends making this process much more obvious and easier to use. The Review also recommends taking another look at some of these issues further down the line to investigate whether the system is working fairly.

    Personally, I agree with most of the review's conclusions and recommendations. I was, however, disappointed that they felt the need to limit their recommendation for a personal copying exception so much. The Review acknowledged that some personal uses were perceived, incorrectly, to be legal by many people, and that banning such uses by law damages the credibility of copyright as a whole in the public eye. They also acknowledged that some of these uses do not harm the interests of the copyright holder. They have also stressed throughout their process that their review would be evidence-led. I find it intriguing, therefore, that they have completely failed to address other reasonable personal uses mentioned in several of the submissions, such as backing up, recording broadcasts, and making compilations.

    Some submissions gave quite reasonable arguments based on existing law in favour of explicitly legitimising these. For example, under blanket UK consumer protection legislation, any article purchased from a shop must be (a) fit for purpose, and (b) capable of lasting for the expected lifetime of the product. Since the expected lifetime for information is indefinite, abusing copyright and/or DRM so that when someone's CD wears out they have to buy a whole new CD because they couldn't take a back-up should be a violation of UK trading laws. (Bizarrely, under the proposed system, you could take a back-up as long as it's in a different format, and if your original copy wore out you could then shift the information back again as you would still have only a single copy in any given format of material you had legitimately obtained.)

    On the whole, I give them 8/10 given the huge scale of what they were attempting. At least pretty much everything I've read of the review so far is a reasonable position, and most of it is a clear improvement on where we are now. My complaint, such as it is, is more that they didn't go far enough in some areas than that they went in the wrong direction. But such is progress, perhaps.

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  13. Nice try but ... by troll+-1 · · Score: 4, Insightful

    Tougher laws will do about as much to stop file sharing as the CAN-SPAM Act has done to stop unsolicited email. I'm guessing this report was written by a bunch of bureaucrats who just don't get it.

  14. Re:Flame away, but I agree to an extent by westyvw · · Score: 5, Interesting

    They have decline in music sales, but they are getting more at their concerts? And they are complaining???? WTF? AOL proved that a CD is an advertisement, they should be loving it. You pretty much prove the point, make sharing legal and they will get more concert revenue! Hell, some people will even buy the CD of the show they saw as they are walking out the door if you give them a chance.

  15. Re:Flame away, but I agree to an extent by Mr2001 · · Score: 4, Insightful
    So you're saying that you could get ten million people to invest ten dollars, sight unseen, into a movie, for the eventual hope that they'll possibly like it? Do you think a business model like that would genuinely fly?

    Yes and yes. If I liked Terminator 3 a lot, and I knew Terminator 4 was at risk of not being made, would it be worth $10 to fund its production -- particicularly if I knew I'd be able to get my money back if it didn't get made (i.e. if not enough money could be raised after all)? Of course it would. That's $10 I'd be spending on a ticket anyway, right?

    We have enough trouble just getting people to donate money to people who really need it, let alone to people who just want to create entertainment/art/whatever. The entire idea is completely against human nature.

    No, it isn't. See, this isn't a donation, it's payment for a service, which incidentally benefits more than just the people who pay for it.

    It's like if ten people live on a dirt road, and eight of them get fed up with the dust, so they pool their money and hire someone to pave the road. They aren't donating money to the paver, or to each other; they're paying for the benefit of living on a paved road. Now, it happens to be the case that the two people who didn't pay, and any of their visitors, will also get to enjoy that benefit, but the reason it got paved in the first place is because those eight people felt strongly enough about it to open their wallets.

    If enough people feel strongly enough certain types of movies, those movies will get made. It's just like what we have now, but with a more direct connection between funding and production - studios won't have to drop $100 million on a movie just to find out that it only sells $50 million worth of tickets.
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  16. oh for goodness sake by salparadyse · · Score: 4, Insightful

    Two things.

    Remember the "warnings" on record sleeves "Home taping is killing music" - did it?

    Precisely.

    Copyright was supposed to be to protect the melody and words of a song so that another artist cannot copy large parts of the song/melody without paying royalties. Not to stop the audience getting hold of the song.

    It's a greedy, ugly industry trying to scare governments into passing laws to make their income stream bigger and easier to maintain.

    Want to know why sales are falling?

    Because a lot of mainstream music is bland, boring crap. Where are the protest singers in the charts? Where are the artists? It's all family oriented, safe for the children, shrink wrapped, corporate approved, vaguely pornographic nonsense.

  17. Re:silly by LordSnooty · · Score: 4, Informative

    Under current UK law, such format-shifting is actually illegal. The report notes that this is an anomaly. The BPI won't be suprised, it was something Peter Jamieson had already agreed with a while ago (maybe he had a sneak preview)