UK now has parody exceptions for copyright, also quotes and "private copying".

Discussion in 'User Submitted News' started by FAST6191, Oct 3, 2014.

  1. FAST6191
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    FAST6191 Techromancer

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    The subject of intellectual property comes up frequently in these forums, and is also frequently also the subject of many misunderstandings.

    Anyway a crash course on the subject is copyright is the right afforded to people to regulate the use of their works (or works they own), though you may have to further register your works to gain additional rights. The length of copyright is probably your lifetime and beyond these days, however that was not being discussed in this bit of lawmaking.
    There are several important exceptions when it comes to this ability to direct the use of your works. Said exceptions usually get called "fair use" or "fair dealing" and mainly fall into criticism/review, education and various types of research, it goes much further and gets much more blurry than that though. What is and isn't fair use/fair dealing is the subject of much debate, said debate happening in courts, in law making and in general (not all law use involves courts and formal legal hearings).

    An oft quoted further exception would be for parodying a work. The right to use copyrighted material as the subject of a parody is the case in the USA and several other countries, however the UK technically did not have such a thing. As part of a wider reworking of intellectual property guidelines, one that has seen new small claims courts for intellectual property matters set up, format shifting turn from "illegal but actively unenforced" to actually legal and a few more things besides, the UK now has a parody exception for copyright law. This particular reform does not seem to be in response to any one UK originating case or set of cases, it is presumably then part of a bid to harmonise laws between different countries and comply with EU rulings to similar effect. You can read the UK Intellectual Property Office's report on parody in various jurisdictions (warning, PDF) if you are so inclined.

    Pertaining more to games it may have some knock on effects for those making content, something many people seem to be doing these days. However, and as mentioned above, there have thus far not really been any cases where a parody work from a UK based author has been troubled, troubled where it might not have been in a jurisdiction with fewer restrictions/more freedom for parody.

    What may be more applicable to games and said content creation would be the clarifications on quotation of copyrighted works. Previously various levels of permission would technically have had to have been obtained (3:27, though the whole show is good). This will almost certainly not apply to a let's play and that minefield, such things probably needing at least some more clarification, rulings or laws at best, at worst it is plain copyright infringement and could be treated accordingly.
    However the "non educational but still somewhat academic" discussion of a game and/or concepts within games field, one that is indeed quite popular, may have an easier time of things.

    It should also be noted that the private copying of legally obtained works may not apply, or may have further complications, when the copying is of a computer program. Whether this is DRM that is causing this, it was part of the earlier rulings on CD copying, or not remains to be seen. Should it not have been the case then it would have been somewhat applicable to flash carts and related concepts.

    You can read more about the various exceptions to copyright in UK law on the Intellectual Property Office's website. http://www.ipo.gov.uk/c-exception
    At time of writing there does not seem to much in the way of anything for the new parody exceptions but other new exceptions, and the new clarifications of existing exceptions, are there.

    The main source was already linked but here it is again, theregister.co.uk article
     
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  2. WiiCube_2013

    WiiCube_2013 GBAtemp Guru

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    BPI blocks popular torrent websites thinking that by doing so that the sales are going to get better, but they forget, YouTube, VEVO and other free apps/streaming websites have music for free of charge so they're not really making an effort to improve whatsoever.

    There are proxy IPs and websites to get through it so overall they're just damaging their reputation.
     
  3. FAST6191
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    FAST6191 Techromancer

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    How is that relevant to this? Or indeed even all that correct. I am one of the cool kids using adblock (and every other means I can to block ads) but last I checked youtube did ad supported stuff, especially on their Vevo stuff, as did many of the "legit" streaming services.

    Equally nobody expects a total shutdown, if you can increase the time/skill entry or doing costs to something it works for a lot of people... and this world deals in percentages all the time.
     
  4. Taleweaver

    Taleweaver Storywriter

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    I'd say...jolly good show on that law alteration there, kind sir. :) /stiff upper lip accent

    WiiCube_2013: erm...yeah? Look, if you've got an article you want shared, there's a 'start new thread' button. But if this is supposed to be related to parody or fair use, then you really need to point out how that news connects. Last I checked popular torrent sites, they weren't sharing spoofs of software 'n stuff.
     
  5. The Real Jdbye

    The Real Jdbye Always Remember 30/07/08

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    Can someone translate this into English for me?
     
  6. FAST6191
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    FAST6191 Techromancer

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    Sorry, that did get a bit wordy.

    The UK did not have a parody exception for copyright/fair use/fair dealing, unlike several other places in the world, said other places usually having it right up there with criticism/review and education in the basic list of exceptions. As of the 1st of October it has one.

    Equally the position of format shifting (which was technically sorted a few months back) is now formally "it is OK" where before it was technically illegal but was actively unenforced (as in various police commanders and the like practically said we know what the statutes/laws/acts/case law says, we are not going to bother doing it though). Computer programs, and some aspects of DRM, are the exception to this which then holds some relevance for what we do around here.

    Some more exceptions/fair use stuff was added for research. Much of this seems fairly basic and arguably how a lot of it worked before but it is nice to have some clarity.

    How one sets about quoting things was also clarified and altered a bit, before it was pretty hazy and often meant you needed permission of the rights holder to do things. This even included news, quite famously some rugby footage of the world cup, the rights to which were sold to a TV channel, then cost the various news programs a fair bit of money per play of it. The more interesting quote there being "[if] the performance or recording has been made available to the public, the use of the quotation is fair dealing with the performance or recording, and the extent of the quotation is no more than is required by the specific purpose for which it is used". Amusingly this would probably actually mean some of the Scientology stuff would have been in the right, if it happened in the UK, when they tried to use copyright laws to quell some leaks of their higher level (and higher paid) texts, though there would probably be further exceptions that could be explored.
     
  7. The Real Jdbye

    The Real Jdbye Always Remember 30/07/08

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    Thanks, that's better. You were even more wordy and convoluted than usual :P
     
  8. Gahars

    Gahars Bakayaro Banzai

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    I guess sometimes you just can't copyright your wrongs.
     
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  9. Tom Bombadildo

    Tom Bombadildo Honk!

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    I forgot
    [​IMG]

    As for the news, I assumed this was already the case for all countries who bothered with Copyright laws. Well, I guess it is now, so meh.
     
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  10. Flame

    Flame Me > You

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    yeah yeah.. i know some of these words.
     
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