Is This Illegal?

http://www.ipo.gov.uk/about/about-c...ormal-current/consult-copyrightexceptions.htm

Launch date: 8 January 2008
Closing date: 8 April 2008

In December 2006, Andrew Gowers reported his findings on the UK’s Intellectual Property regime. While he concluded that the system was broadly satisfactory he identified a number of areas where improvements could be made. These included modifying copyright rules to improve access to, and use of, copyright material for private individuals, students and libraries.

So no it currently isn't legal. Although hopefully it will change soon.
 
It surely isn't illegal if you remote access an episode from someone who legit owns the file...possibly,

Downloading tv episodes should be allowed anyway, bbc iplayer and 4od is all I use now... quality applications.
 
Is it something to do with how it isn't a crime as such, it is a civil offense so nothing happens to you unless an individual/corporation press charges?

That was my understanding of it. A police officer can stand there all day watching you view the material but can't do anything afaik, however distributing it may land you in some trouble.

If that is indeed correct that means that you're commiting a crime (by distributing it) however he's only in trouble if the company owning the rights decides to take action
 
Right lets get this sorted because you've all get very confused.

Anyone stating you're not allowed to backup your content is wrong - look at section 50A CDPA.

What people are talking about re the Gowers Review is not backing up, but format shifting. Format shifting is a technical breach of the CDPA. As an update of the situation following Gowers , though it's not so much an official one, I was talking to Adrian Brazier from Department of BERR and he's pretty confident that this will be changing as part of the changes being made about ISPs. This will be around April 2009.

I'm not making any 'common misconceptions', I know this area quite well - I'm near the end of a LLM in Intellectual Property Law.
 
I was just looking at all the stupid UK laws that currently exist... and basically I am breaking the law by not practising longbow shooting for at least 2 hours a day!

The way I see it, it is fine backing up my own DVDs and Music CDs on my computer as long as I do not share them... it would be stupid for not letting me do that!
 
I was just looking at all the stupid UK laws that currently exist... and basically I am breaking the law by not practising longbow shooting for at least 2 hours a day!
Most of the stupid laws that have never been repealed aren't actually in effect any more thanks to the HRA. Just because they've not been repealed doesn't mean that they've not been neutered.

The way I see it, it is fine backing up my own DVDs and Music CDs on my computer as long as I do not share them... it would be stupid for not letting me do that!
Backup them on to more DVDs and CDs rather than your computer, then you don't have to worry about possible format shifting. Following Promusicae you'd probably get away with format shifting anyway.
 
Backup them on to more DVDs and CDs rather than your computer, then you don't have to worry about possible format shifting. Following Promusicae you'd probably get away with format shifting anyway.

Though isn't there still something relating to bypassing copy-protection on CD/DVDs that prevents you making backups anyway?
 
There is kind of, although following Promusicae again (it was a rather general decision) my personal theory is that it doesn't apply if it blocks your right to backup though there's not been any case law on it.
 
There is kind of, although following Promusicae again (it was a rather general decision) my personal theory is that it doesn't apply if it blocks your right to backup though there's not been any case law on it.

Do you have any links to this judgement?

Burnsy
 
1) I download a TV episode which was aired in the USA - this is of course illegal
2) He watches it on his computer via my network share

Are either actually illegal? The copyright only exists on the original recording, if you are downloading an unauthorised copy then does copyright actually apply?
 
Are either actually illegal? The copyright only exists on the original recording, if you are downloading an unauthorised copy then does copyright actually apply?

Yes it does, copyright still exists on copies and both are most definitely illegal.

Burnsy
 
Ok then. You have a DVD in your DVD drive on your PC, set as a network share.

Is it illegal for your mate to watch the DVD in your drive on his PC?
 
I wouldnt say it is illegal however knowing the laws, it most probably is..

It's like saying.. I bought a dvd but you cant watch it as you haven't paid.. stupid really..
 
Technically you're not allowed to let others watch your DVD's either.

Which is why technically you are legally in the same position as someone who takes his legally bought copy of 'x' film to a mates to watch as the guy copying and flogging said 'x' film at the car boot.
 
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