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Copyright exceptions – challenge over Private Copying exception

The Musicians’ Union (MU), The British Academy of Songwriters, Composers and Authors (BASCA) and UK Music have launched an application for Judicial Review of the Government’s introduction of a private copying exception without providing fair compensation for songwriters, musicians and other rights holders within the creative sector.

The decision of the UK Government not to provide fair compensation to songwriters, composers and musicians is in stark contrast to the vast majority of countries in Europe who have introduced private copying exceptions. The EU Copyright Directive states any private copying exception should be accompanied by fair compensation for rights-holders. The absence of a compensatory mechanism has led to the judicial review being applied for. For more on the Judicial Review go here.

Personal copying for private use: The new personal copying exception permits the making of copies of media (CDs, ebooks, etc.) legitimately bought, for private purposes such as format shifting or backup without infringing copyright. For example the exception would allow the copying of content that has been bought on a CD onto an individual’s mp3 player, provided it is for private use.

It will be unlawful to make copies for anyone else or to make a copy of something not already owned or acquired illegally, without the copyright owner’s permission.


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