Buy Another Copy

The UK’s High Court has quashed government regulations allowing people to lawfully copy CDs and other copyright material bought for their own private use. 

Photo: RGBstock.com/weewillyd (Bill Davenport)

Last October the Copyright and Rights in Performances Regulations made it legal to copy the contents of a CD, for example, on to a laptop, smartphone or MP3, although the format-shifting activity had become commonplace. However, an action brought by the Musicians’ Union, UK Music and the British Academy of Songwriters, Composers and Authors suggested the new regs would result in rights owners in the creative sector losing out on as much as £58 million a year. It’s not clear who will enforce the revised law or how they will do it.

Even before the change that allowed copying as long as it was strictly for personal use, there was rarely any legal actions resulting from that sort of copying and the industry appeared to turn a blind eye to it. In the High Court July 17, Mr. Justice Green said he did not accept the Department for Business, Innovation and Skills’ contention that the new regulation allowing copying for personal use would do little or no harm.

“It is clear that I should quash the regulations,” he said. “I make clear this covers the entirety of the regulations and all the rights and obligations contained therein.” UK Music chief exec Jo Dipple told The Guardian that the government acted unlawfully when it introduced an exception to copyright for private copying without fair compensation.

“We therefore welcome the court’s decision today to quash the existing regulations. It is vitally important that fairness for songwriters, composers and performers is written into the law. My members’ music defines this country,” she said.