As this Forum has been established to discuss technical aspects of the use of Brennan equipment and to help resolve problems that Brennan owners have with their equipment, I’m sure that it shouldn’t be the arena for discussing the legal & moral aspects of copying music from CDs onto other devices or media - not least because the issues at stake constitute a legal & moral quagmire!
However, it would be wrong to just ignore your comments without, at least, offering some alternative facts and views. I can’t speak to the position in the USA, but the following comments do refer to the position in the UK.
On 1 October 2014, the private copying exception was introduced in the UK by way of the Copyright and Rights in Performance (Personal Copies for Private Use) Regulations; this private copying exception allowed consumers to copy works covered by copyright from one device to another. So, individuals could copy songs from CDs or purchased downloads, bought or gifted, onto other devices and to store them in the cloud; provided that these copies were only for personal use and not for any commercial ends, including copies to friends & family, no permission was required from the rightsholders. The exception continued to apply whether the original CD was sold, given away or destroyed - the requirement that you describe as applying in the USA that, if you part company with the CD in any way, you could no longer access the digital copy was not replicated in these UK regulations.
However, following a Judicial Review filed against the Government, the High Court quashed these regulations on 17 July 2015; in response, the Government stated that it would take time to consider whether and how a new exception for private copying should be introduced, but, to date, has declined to do so. The principal reason for the High Court’s actions was that, unlike its EU member state counterparts, the UK did not include any provision in the regulations for some form of ‘fair compensation’ payments, e.g. levies, taxes or charges on media or devices that enable copying, to be shared amongst rightsholders.
All this has left the position for all those who use any devices such as Brennans in a ridiculous position; strictly speaking, copying any music from CDs onto any devices without the permission of the rightsholders is a breach of copyright! So, what you are advocating is, in effect, a ban on the use of Brennans and other similar devices except for those users who contact every artist for permission to copy their songs from CDs!
Personally, I’m in favour of the restoration in law of the private copying exception together with a ‘fair compensation’ arrangement as is common throughout the EU.
Finally, we have to bear in mind the current environmental crisis when considering what to do with massive CD collections like my own, which have to be reduced because of the need for de-cluttering prior to moving home; it’s obvious that the best choice for the planet is for these CDs to be recycled for use by others rather than destroyed or even more new CDs produced. I sell my CDs for much reduced prices to the likes of Music Magpie and Ziffit, who sell them on to other music-lovers - in my opinion, the best possible way for the music on these CDs to continue to be appreciated.
In the absence of a sensible legal framework for private copying, I think that, although far from perfect, what I’m doing is better than effectively outlawing the use of Brennans & similar devices and adding to pollution by destroying CDs!
On Monday, August 9, 2021 at 10:15:11 PM UTC+1 Mark Fishman wrote: