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School ICT Policies Thread, CD/DVD Copyright in School Administration; To the best of my knowledge in the UK at the moment (for individuals at least) backing up music CDs ...
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    flyinghaggis's Avatar
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    To the best of my knowledge in the UK at the moment (for individuals at least) backing up music CDs or making copies of anything is illegal and a breach of copyright law. In order to back up a (copyrighted) DVD you'd have to break the encryption on it which would breack the DCMA and would also be illegal. Generally when it comes to making MP3's from CD's or copying them to cd/tape it's one of those things that music companies 'tolerate' for home/personal use but according to the letter of UK law it is still illegal.

    The only thing I'm not 100% certain about is what kind of rights you have as a school/educational institution regarding taking copies of entire/parts of recordings/movies for educations purposes.

    It would be useful if someone could find a definite answer as to what rights schools have as unless we have something in writing exempting educational establishments (I'm sure there must be some as there are for books/publications/etc) for music/video making any kind of copy of a DVD/CD is illegal regardless of the purpose AFAIK.

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    Quote Originally Posted by flyinghaggis View Post
    The only thing I'm not 100% certain about is what kind of rights you have as a school/educational institution regarding taking copies of entire/parts of recordings/movies for educations purposes.
    As I understand it, the copying is the legal issue, not the possession or use - therefore speak to the Departments and see if it must be on the network or if they could show it from the DVD. That would, AFAIK, be okay all round (so long as it is for educational reasons, anyway).

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    Quote Originally Posted by flyinghaggis View Post
    In order to back up a (copyrighted) DVD you'd have to break the encryption on it which would break the DCMA and would also be illegal.
    Breaking the DCMA is only illegal in the USA (Whatever the RIAA & Hollywood think) as it is a piece of U$ law. It may also be illegal here, but that is not the relevant act.

    Search Results - THOMAS (Library of Congress)

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    Funny enough they dont like it when you point out that piracy is not theft, its copyright infringement a civil offence not a criminal one.

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    Wiki so probably 70% true. Ididn't know the first bit about computer misuse act.

    British law
    In British Law, any modification of data stored on a computer so that unauthorised access is gained to software packages, games, movies, and music would be a criminal offence under 3 Computer Misuse Act 1990. So, if a read-only music CD is placed in a PC drive and the contents loaded into the computer's memory for playing, any application that allows the music to be copied and stored on the machine or an MP3 player would commit the offence in theory but, so far, there have been no prosecutions on this set of facts. More generally, 16 and 20 Copyright, Designs & Patents Act 1988 (as amended by the Copyright, however this does grant the right to create backup copies of software, so that the original can be kept safe from damage, technically meaning companies must provide either additional discs or the means to overcome any copy protection. and Trade Marks (Offences and Enforcement) Act 2002) cover copyrighted materials, and people who distribute and download copyrighted recordings without permission are liable to face civil actions for damages and penalties (the largest to date is 6,500, or $12,120.55). As in the United States, the enforcement agencies were able to identify the IP addresses and the ISPs were obliged to disclose the name and address of the owner of each such internet account but legislation was passed recently so that it isn't compulsory to hand over the information.[citation needed]

    A 2006 survey carried out for the National Consumer Council indicated that over half of British adults infringe copyright law by copying and ripping music CDs, with 59% stating a belief that copying for personal use is legal.[39] However, ripping music from CDs to another format, such as MP3, is currently illegal. In 2006 The Institute for Public Policy Research called for a "public right to copy".[40] In January 2008 the government proposed changes to copyright law that would legalise copying for personal use.[41]


    [edit] Criminal offences
    For the most part, the criminal law is only used for commercial copyright infringement with one exception[citation needed], and an offence is committed when knowing or reasonably suspecting that the files are illegal copies[citation needed], and without the permission of the copyright owner, a person:

    makes unauthorised copies e.g. burning music files or films on to CD-Rs or DVD-Rs;
    distributes, sells or hires out unauthorised copies of CDs, VCDs and DVDs;
    on a larger scale, distributes unauthorised copies as a commercial enterprise on the internet;
    possesses unauthorised copies with a view to distributing, selling or hiring these to other people;
    while not dealing commercially, distributes unauthorised copies of software packages, books, music, games, and films on such a scale as to have a measurable impact on the copyright owner's business;
    publishing someone else's original copy work and claiming you have made it. (This is known as plagiarism and is completely different from copyright infringement, but laws concerning it come under the section of copyright law in some countries);
    certain copyrights allow Archival copies of software to be made however these are not to be distributed.
    The penalties for these "copyright infringement" offences depend on the seriousness of the offences:

    before a magistrates' Court, the penalties for distributing unauthorised files are a maximum fine of 5,000 and/or six months imprisonment;
    in the Crown Court, the penalties for distributing unauthorised files are an unlimited fine and/or up to 10 years imprisonment.
    Also note 24 Copyright and Related Rights Regulations 2003 which creates a range of offences relating to the distribution of any device, product or component which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures. When this is for non-commercial purposes, it requires there to be a measurable effect on the rights holder's business.

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    stevenlong1985 (21st May 2009)

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