The survey was carried out for the NCC by YouGov. It found that
55% of consumers copy their CDs to other devices. Most of us are
unwitting infringers: three in five Britons think that copying for
personal use is legal. Other countries – including the US and most
of the EU – provide a right to reproduce copyrighted material for
private use.
Copying for personal use is not a new thing. For years, people
copied their vinyl records to cassette to play in their cars. Few
people realised they infringed copyright in doing so – and the
music industry didn't care. The advent of digital copying gave the
industry more cause for concern; but it has always seemed
unreasonable to ask consumers to pay twice for the same music and
the industry has focused its attention on stopping those who make
their music available to many others without permission. But the
responses of 2,135 adults in the YouGov research gauge the lack of
consumer awareness to the law.
The survey supports NCC's recent response to the Gowers Review
of Intellectual Property. Andrew Gowers, formerly the editor of the
Financial Times, was tasked by HM Treasury to lead this independent
review of intellectual property rights in the UK. A public
consultation ran between February and April.
The NCC's submission to the Gowers Review argues that copyright
law is out of step with modern life and discriminates unfairly
against consumers, putting unrealistic limits on their private
listening and viewing habits.
Jill Johnstone, author of NCC’s submission, said: "We need to
shake up the copyright law to incorporate consumers’ ‘fair use’
rights – including the right to copy for private use."
She added that the current long periods of copyright protection
need reforming, too.
The period of protection for copyright has been increased
before, allowing not only the creators (or the companies that have
bought their rights) to receive rewards, but also their
descendants. Copyright in artistic works (including literary,
dramatic and musical works) now lasts until 70 years after the
death of the author, while films’ copyright lasts for 70 years
after the death of the last surviving major contributor to their
artistic character (director, composer, screenwriter). Sound
recordings are currently protected for 50 years from ‘publication’,
although there is an increasingly vocal campaign to extend this
period. Broadcasts are protected for 50 years, while their
‘published’ editions are protected for 25 years.
"Whether for films, literary or musical works, sound recordings
or broadcasts, the length of all copyright terms should be reduced
to fit more closely the time period over which most financial
returns are normally made," said Johnstone. "The current campaign
by the music industry to extend copyright terms for sound
recordings beyond 50 years has no justification."
The NCC says that music companies generally make returns on
material in a matter of years, not decades. "Current terms already
provide excessive protection of intellectual property rights at a
cost to consumers," she added.
The Gowers Review is due to report its findings in autumn
2006.
