Brian Butterworth wrote:
It permits you, as you keep quoting it, to make a recording of a
broadcast to let you view or listen to it at a more convenient time
(timeshifting); it does *not* let you make copies of that recording
(sharing). As I said, and you ignored, above.
It's not in the copy of the Act that I am reading. In fact it uses the
actual phrase "for the purpose of being placed in an archive".
The Act actually says "for the purpose of being placed in an archive
*maintained by a designated body*". And a designated body is defined by
Statutory Instrument as:
The British Film Institute
The British Library
The Music Performance Research Centre
The Scottish Film Council
National Library of Wales
British Medical Association
British Music Information Centre
Imperial War Museum
(according to the latest SI I can find, dated 1993).
Whilst we are at it, the way that the MPEG-2 system works REQUIRES that
the data is held in a memory buffer, because of the way that the temporal
compression works, so it's very easy to argue that digital transmission
is a store-and-forward system and would be impossible (and illegal by
your logic) to use without many copies being made.
Transient copies such as you refer to are covered by The Copyright and
Related Rights Regulations 2003, which added this to the 1988 Act:
"Copyright in a literary work, other than a computer program or a database,
or in a dramatic, musical or artistic work, the typographical arrangement of
a published edition, a sound recording or a film, is not infringed by the
making of a temporary copy which is transient or incidental, which is an
integral and essential part of a technological process and the sole purpose
of which is to enable -
(a) a transmission of the work in a network between third parties by an
intermediary; or
(b) a lawful use of the work;
and which has no independent economic significance."."
Quite clear, really. :)
--
ATB,
Matthew | http://www.dracos.co.uk/
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