Music industry pushes for judicial review of copyright exceptions

The new UK measures on the private right to copy music to CDs and PCs, as well as moving it on to a portable music system such as an iPod or a phone, have come into place on October 1st.

The measures were the result of an extensive study of the copyright system, specifically the 2011 Hargreaves “Review of Intellectual Property and Growth”.

The study recommended a number of copyright exceptions, the purpose of which was to render legal what people have been doing for the past 15 years but that had never been formally sanctioned: the right to copy music for private “fair” use.

Now, a coalition made up by The Musicians Union, The British Academy of Songwriter, Composers and Authors and UK music is asking for a judicial review of the new piece of legislation. This would happen before a judge in the Hight Court on the grounds that the new measures are in breach European legislation, specifically article 5(2)(b) of the Copyright Directive.

The article states that “ (5) Member states may provide for exemptions or limitations to the reproduction right provided for in Article 2 in the following cases […] (b) in respect to reproductions on any medium made by a natural person for private use and for end that are neither directly nor indirectly commercial, on condition that the rights holders receive fair comensation which takes into account the application or non-application of technological measures referred to in Article 6 to the work or subject matter concerned.”

In a number of European territories the exceptions to copyright have been wider than in the UK but have been accompanied by levies on blank mediums, including most electronic devices capable of “ripping” or storing music in the case of France. The legislation in the UK is more narrow and for that reason it was found that imposing levies was unnecessary.

The Courts certainly don't make the decision of suspending an Act of Parliament lightly so it's going to be really interesting to see what will happen in the coming days and weeks.

(Andrea Leonelli)