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skip to main | skip to sidebar wednesday, 20 may 2015 defamation - staying protected in march, with the wonderful support of mysociety , i presented a half-day training session at mozilla london about the english law of defamation and its relevance to people running websites with user-generated content. there has been some interesting new law (including the defamation act 2013 ) which bears close examination. people seemed to have fun and mysociety have kindly produced a video of me giving the event. i am not sure how watchable this really is because i was not presenting for a video, but for an audience. my slides ( in pdf format ) and some notes should be available on github pages . my apologies for the very many errors and formatting infelicities there are bound to be. i am still new at publishing things in this way. comments welcome, but errors, missing material or other areas where you think there may be room for improvement are best raised as github issues . posted by at 21:22 0 comments labels: defamation , defamation act 2013 wednesday, 30 july 2014 private copying - a new copyright exception in the uk hooray! we (in the uk) now have a "private copy" exception to copyright. about time too. until recently, many forms of private copying were infringements of copyright. in particular format shifting such as copying music from your old cd's and dvd's onto your phone or making a "mix tape" for your own use were infringements of copyright and, if you believe some of the rhetoric of the music industry, morally equivalent to theft. by contrast, almost everyone seemed both to engage in private copying and to think it was ok. indeed a recent survey i conducted suggests that the vast majority of people think that format shifting is ok (a 95% credible interval of 89 - 93% of the population). so it is very surprising that the law continued to turn its face against something subject to such overwhelming approval. analysis the new law comes in the form of the copyright and rights in performances (personal copies for private use) regulations 2014, which is as yet only available in draft . it will come into force on 1st october and add a new section 28b to the copyright, designs and patents act 1988 . the effect of the new law is that making a copy of a work is not an infringement, subject to 3 conditions: the source of the copy (i.e. what you are copying from) is either your "own copy" or a "personal copy" it is made for your private use it is made for ends which are "neither directly nor indirectly commercial" own copy your "own copy" of a work is one which: you have lawfully acquired on a "permanent basis" is not an infringing copy has not been made under any exception to copyright this means that you cannot use the private copy exception to "launder" an infringement, eg by copying a work from a friend (still an infringement) and then making a copy of that copy. similarly, a copy made for private study or research (an exception to copyright under section 29 of the 1988 act) or a temporary copy, such as one in the browser's cache (see section 28a ) is not your "own copy" and so cannot be safely duplicated under the private copy exception. your "own copy" is not necessarily a copy that you "own" in the intellectual property law sense. as i read it "lawfully acquired" includes a download which is only made available under licence. in the long run almost all digital content will be downloaded in some fashion rather than bought on a physical medium so a restriction to "owned" copies would be hopelessly restrictive. the tricky part of the definition is likely to be what is meant by "lawfully acquired on a permanent basis"? the new section 28b(4) "helpfully" give a short list of examples of copies that are or are not "lawfully acquired on a permanent basis". i am not sure they help all that much. unsurprisingly copies which have been borrowed, rented, broadcast or streamed are not "acquired on a permanent basis". the same applies to a "download enabling no more than temporary access to a copy", whereas any other download that arises from a purchase or gift would be lawfully acquired on a permanent basis. could a copyright owner get around this exception by selling works for very long periods (decades perhaps) with a provision that the work reverts to the owner at the end? i doubt it. my hope is that the courts apply a normal english understanding to the words "temporary" and "permanent". for example, if i say i have a temporary job, you would be a bit surprised to learn that i have a fixed term of 30 years. you are more likely to describe my post as permanent. personal copies a further example of something that is not your "own copy" is a copy made under the private copy exception. these are known as "personal copies". for example a lawful backup copy of an mp3 music file is not your "own copy", but it is a "personal copy". this means, as you would expect, that you can copy your backup copies. private use and file lockers just in case there was any doubt, the new s28b will make it clear that making back up copies and format shifting are certainly private use. interestingly s28b(5)(c) makes it clear that storing a copy online so that you can access it later is also "private use" even though the file will be accessible to the file host as well. this means that you will be able to store your own and personal copies of files on dropbox (privately at least) and on similar servers. transfers section 28b will apply fairly common-sense provisions to transfers. if you transfer a personal copy (i.e. one of the copies you have made under this exception) to someone else, you will be infringing copyright unless the copyright owner has given you permission to do so. personal copies are not meant to change hands. even if the transfer is otherwise lawful, you would infringe copyright if you retained any of your other personal copies. for example: if you buy a dvd, make a back up, and then sell the dvd second-hand (something you are entitled to do under section 18(3) of the 1988 act), you must delete that back up copy. if you keep the back up copy it becomes and infringing copy and stops being a "personal copy". is lending ok? but wait there is something a little odd here. section 28b(6) says "copyright in a work is infringed if an individual transfers a personal copy of the work to another person (otherwise than on a private and temporary basis)...". that appears to suggest that it is ok to transfer a personal copy of the work to another person if it is done on a private and temporary basis. could my "private use" include lending copies - on a temporary basis only - to friends? there is certainly material in s28b for such an argument. whether it would run in court is another matter. restrictions by the copyright owner one point that (bafflingly) appears to have upset a number of politicians is the new 28b(10) which blocks copyright owners from preventing private copying by contract. clearly without such a clause it would be routine to add a provision that private copying was in breach of contract and we might as well not have bothered. copyright owners could also use a form of digital rights management to prevent private copying. circumventing that protection may, at least for something that is not a computer program, itself be an infringement contrary to s296za . it is already the law that, where digital rights management (what is referred to in the legislation as "effective technological measures) prevents one of a list of "permitted acts" (found in schedule 5a of the 1988 act) then anyone prevented from doing the permitted act may complain to the secretary of state, who may then do something about it. this has always seemed to me a rather weak remedy since the secretary of state is not obliged to do anything about it. when i last asked , no valid complaints appear ever to have been made. rather than make private copying another "permitted act" and thus apply the existing mec

URL analysis for francisdavey.co.uk

http://www.francisdavey.co.uk/2014/02/
http://www.francisdavey.co.uk/search/label/enterprise%20and%20regulatory%20reform%20bill
http://www.francisdavey.co.uk/2010/11/libellous-freedom-of-information.html
http://www.francisdavey.co.uk/2015/05/defamation-staying-protected.html
http://www.francisdavey.co.uk/2009/06/
http://www.francisdavey.co.uk/2014/07/
http://www.francisdavey.co.uk/search/label/defamation%20act%202013
http://www.francisdavey.co.uk/2010/11/
http://www.francisdavey.co.uk/2009/12/
http://www.francisdavey.co.uk/www.francisdavey.co.uk
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http://www.francisdavey.co.uk/2014/02/copynorm-survey-answering-some-questions.html
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nearlylegal.co.uk
data.gov.uk
news.bbc.co.uk
guardian.co.uk
barstandardsboard.org.uk
publications.parliament.uk
ipo.gov.uk
services.parliament.uk
law.qmul.ac.uk
gov.uk

Whois Information

Whois is a protocol that is access to registering information. You can reach when the website was registered, when it will be expire, what is contact details of the site with the following informations. In a nutshell, it includes these informations;

Domain name:
francisdavey.co.uk

Registrant:
Francis Davey

Registrant type:
Unknown

Registrant's address:
13-19 Bevenden St
London
Greater London
N1 6AA
United Kingdom

Data validation:
Nominet was able to match the registrant's name and address against a 3rd party data source on 10-Dec-2012

Registrar:
Mythic Beasts Limited [Tag = MYTHIC-BEASTS]
URL: http://www.mythic-beasts.com

Relevant dates:
Registered on: 20-Mar-2008
Expiry date: 20-Mar-2023
Last updated: 19-Feb-2014

Registration status:
Registered until expiry date.

Name servers:
ns1.mythic-beasts.com
ns2.mythic-beasts.com

WHOIS lookup made at 06:02:15 25-Mar-2018

--
This WHOIS information is provided for free by Nominet UK the central registry
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Copyright Nominet UK 1996 - 2018.

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register. Access may be withdrawn or restricted at any time.

  REFERRER http://www.nominet.org.uk

  REGISTRAR Nominet UK

SERVERS

  SERVER co.uk.whois-servers.net

  ARGS francisdavey.co.uk

  PORT 43

  TYPE domain

OWNER

  ORGANIZATION Francis Davey

TYPE
Unknown

ADDRESS
13-19 Bevenden St
London
Greater London
N1 6AA
United Kingdom
Data validation:
Nominet was able to match the registrant's name and address against a 3rd party data source on 10-Dec-2012

DOMAIN

  SPONSOR Mythic Beasts Limited [Tag = MYTHIC-BEASTS]

  CREATED 2008-03-20

  CHANGED 2014-02-19

STATUS
Registered until expiry date.

NSERVER

  NS1.MYTHIC-BEASTS.COM 45.33.127.156

  NS2.MYTHIC-BEASTS.COM 93.93.128.67

  NAME francisdavey.co.uk

DISCLAIMER
This WHOIS information is provided for free by Nominet UK the central registry
for .uk domain names. This information and the .uk WHOIS are:
Copyright Nominet UK 1996 - 2018.
You may not access the .uk WHOIS or use any data from it except as permitted
by the terms of use available in full at http://www.nominet.uk/whoisterms,
which includes restrictions on: (A) use of the data for advertising, or its
repackaging, recompilation, redistribution or reuse (B) obscuring, removing
or hiding any or all of this notice and (C) exceeding query rate or volume
limits. The data is provided on an 'as-is' basis and may lag behind the
register. Access may be withdrawn or restricted at any time.

  REGISTERED yes

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