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COPYRIGHT


A number of important alterations to UK copyright law are set come into effect later this year. TB&I investigates what they mean for rights owners.


“Tis is a long overdue update that rebalances copyright law in a sensible way,” says Loz Kaye of the planned modernisation to the UK copyright system. Te leader of the Pirate Party UK and a relentless campaigner for digital rights, Kaye oſten squares off against copyright owners, lambasting them for impinging civil liberties.


For rights owners, Kaye’s praise of nine changes that widen the defences against infringement may raise some concerns. But this is not the feeling among IP lawyers. Tey say the exceptions, expected to come into force in October 2013 and which are designed to strike a better deal for consumers, could have been much worse for rights owners.


Te exceptions are part of the UK government’s response to Digital Opportunity, the report by


Professor Ian Hargreaves which, in May 2011, recommended sweeping changes to the UK’s copyright system.


Of the nine exceptions, three are prominent. Te first is private copying, which allows individuals to copy any type of “lawfully owned” work, including downloaded files, on to any medium or device. A file could be copied in the same format as the original, such as on the cloud storage, but the exception will not cover ‘value-added’ cloud storage services. In theory, works can be copied only for private use, barring friends or family from benefiting from the exception.


While this provision may seem clear at first glance, there may be several problems here, especially for copyright owners


protect their IP online. Looking at the language


seeking to


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Trademarks Brands and the Internet Volume 2, Issue 2


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