The UK's music industry recently responded to proposals that transferring music
between media, or format shifting, should be legalised.
The suggestion was made by Andrew Gowers, in his review of the country's intellectual
property regime.
Commenting following the conclusion of a consultation on the proposed exceptions,
the BPI, which represents the UK's recording industry, announced that:
"On April 8th, the UK music industry, as represented by the Music Business
Group [MBG], delivered its collective response to the proposed changes to copyright
exceptions as recommended by Andrew Gowers."
"The most contentious of these remains UK IPO’s proposed recommendations
to implement an exception for format shifting without compensation."
"The MBG wholeheartedly welcomes this debate. Despite massive sales growth
of both MP3 players and music-enabled mobile handsets, the act of transferring
music from a legitimately purchased CD to such devices for personal use remains
technically illegal in the UK."
It continued:
"We acknowledge that consumers clearly want to format shift and also place
enormous value on the transferability of music. Music fans clearly deserve legal
clarity in this area as well as the freedom to enjoy any music they have legitimately
obtained."
"But it is not only music lovers who benefit here. Enormous value is derived
by those technology companies and manufacturers who enable consumers to copy.
UK creators and rights owners are legally entitled to share in this value –
as they hold the exclusive right to reproduce their music – but are currently
excluded from the value chain."
The BPI went on to argue that:
"The UK IPO’s current recommendation also leaves the UK at odds
with the rest of Europe. In every other major European territory, an exception
for private copying is counterbalanced by mechanisms that compensate creators
and rights holders."
To restore a "balance of copyright", the BPI explained that the Music
Business Group is proposing putting in place an "easily-implemented, flexible,
future-proofed and transparent solution: an exception subject to licence".
It explained:
"The purpose of this proposal would not be to legitimise the wholesale
copying and sharing of music, but to allow consumers to transfer music they
have purchased onto their portable devices, while ensuring that a fraction of
the value is enjoyed by those who create music and invest in its creation. The
licensing scheme would be restricted to copying in the offline world."