Due to changes in copyright law which came into force last year, many businesses may be breaching copyright laws without realising it. Although the changes are slight, it has created a potential minefield and all businesses and private clients are strongly advised to review their document copying policies as well as ascertain whether they are entitled to play recorded or broadcast music in public.
The Copyright and Related Rights Regulations came into force on 31 October 2004 as part of a European Union Directive on the harmonisation of copyright laws.
Although a limited amount of copying is permissible, users of third party material, including businesses, public bodies or academic institutions, should now review their copyright compliance procedures as a matter of urgency.
One of the changes has seen the limited range of defences against allegations of copyright infringement – known as ‘fair dealing’ – tightened significantly.
Regarding research and private study, the new Regulations remain intact for genuine private research. But significantly for a whole variety of enterprises, they exclude any protection under the Act for commercial copying of any kind.
Organisations wishing to reproduce extracts from books, technical or other journals, statistical compilations or newspapers, for example, will now need to obtain a licence or other consent in every instance.
The exemptions with respect to broadcast communications have been affected by the Regulations. It is still possible to operate a radio or television in a public place where people do not pay to enter such as a restaurant, pub or a shop selling or repairing broadcasting equipment. But broadcasting music, with or without sung or spoken words, must be licensed.
Although many of the changes now brought to copyright law appear slight they have far reaching implications for many everyday activities and a detailed re-examination of a range of well-established practices is strongly advised.
Where reliance has been placed upon an understanding of the extent of protection conferred by the ‘fair dealing’ provisions under the Act, it could transpire that such practices are now out of date leaving one open to claims of copyright infringement
