29
September 2003
Eversheds e80
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The e-news service from Eversheds
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DVD Copying
321 Studios v Motion Picture Association of America
A UK High Court battle has begun between 321 Studios
(a US-based DVD
company) and the Motion Picture Association of America (MPAA), resting
on the interpretation of the Copyright, Designs and Patents Act 1988
(CDPA). Via its website, 321 sells several versions of a software
package which allows legal owners of DVDs to make back-up copies onto
CD
or DVD. The MPAA believes that companies such as 321 are profiting from
the violation of copyright laws.
As DVDs are not indestructible, 321 believe that consumers
should be
entitled to make back-up copies for personal use - so confident are they
that they are even suing the MPAA in the US, claiming that their
business is being threatened by its actions. 321 argue that their
software package has sufficient safeguards to deter DVD pirates - an
invisible 'watermark' is left on all copies made and the software must
be registered when purchased, apparently allowing easy tracing if the
copies end up on an illegal market.
However, as English copyright law currently stands, it
is difficult to
see how 321 will defend the proceedings. 321's software works by
circumventing the DVD's copy protection system, and s.296 of the CDPA
expressly prohibits the sale of such devices. English law does not
recognise any right of private copying, even by the legal owner of a
DVD, and the long awaited Copyright Regulations (implementing the
Copyright Directive) will only serve to strengthen the position of the
copyright owners.
You can find more on this story at
www.news.bbc.co.uk/1/hi/entertainment/film/3090768.stm
Phil Sherrell
philsherrell@eversheds.com
Direct Dial: +44 (0) 20 7919 0608
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