[Gllug] Uh oh, ministers consider "anti file-sharing laws"

Jason Clifford jason at ukfsn.org
Thu Oct 25 16:17:37 UTC 2007


On Thu, 2007-10-25 at 13:07 +0100, Alain Williams wrote:
> Hence my earlier point: If i buy a record I then have a license to a recording
> of the album. If I choose to use a new medium (eg CD/MP3) then I am using
> that same license for the music but have provided my own physical medium.
> 
> The recent govt report recommended that people be allowed to create backups/copies
> of music, etc, for personal use. My question is: if I have a license for
> the music that came when I bought the thing on vynil, does that give me a
> license to the same album (a re-release) on CD - so I can copy a friend's
> CD and be legal.
> 
> If the license is independent of the physical medium, could I replace
> them in the event of destruction - eg my house burns down, but I can prove
> that I had these albums, so just copy them from a mate. Is that legal ?

Under UK law (both English (and thus Welsh) and Scots, it would be
unlawful as the law does not recognise a license to the materials on the
physical media but only the purchase of the physical media. You have
been sold a single copy tied to that specific media. The law (Copyright,
Designs and Patents Act) specifically forbids copying it to another
media.

Jason

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