Rejoice! It's finally not illegal to rip CDs

The Hargreaves review finally makes UK copyright law suitable for 1998.

The government has announced that it will be implementing the majority of copyright reforms contained in the Hargreaves Review, the commission which reported last year with recommendations for how to bring the UK's intellectual property regime up-to-date.

The top-line change is that the UK will finally gain a format-shifting exemption, meaning that it will no longer be illegal to copy music from a CD to an iPhone (yes, it is technically illegal still) – just in time for the switch to digital purchases to really take-off, of course. But better late than never.

This format-shifting exemption is much more limited than it sounds, however, since breaking digital rights management (DRM) will remain illegal. This is a trick that content producers in the United States, where format shifting has always been legal, have used to get around those laws. DRM is the technology which prevents consumers from copying DVDs, Blu-rays, or most legally downloaded movies.

But much of that copy-protection is just a token lock designed to bring the content under the protection of the law. The system which protects DVDs, for instance, was broken over thirteen years ago; despite this, it remains illegal to transfer movies from DVDs onto computers, a fact which almost certainly retarded technological progression by rendering it impossible for a video equivalent of the iPod to make economic sense.

There is a silver lining, however; if DRM is preventing you from exercising legal rights, you will have the right to complain to the Secretary of State about it. The implication is that they may then decide to grant an exemption, but the BIS spokesperson refused to confirm that that was the case.

Other changes are more useful. The government is planning to introduce a parody exemption, which would allow stuff like the fantastic Newport State of Mind to carry on existing, rather than being taken down over copyright infringement.

The changes also allow far greater flexibility for education, quotation, research and analysis, and grant people with disabilities "the right to obtain copyright works in accessible formats" when there isn't already one available on the market.

Vince Cable said:

Making the intellectual property framework fit for the 21st century is not only common sense but good business sense. Bringing the law into line with ordinary people’s reasonable expectations will boost respect for copyright, on which our creative industries rely.

The Coalition for a Digital Economy, which was founded in response to the last government's disastrous Digital Economy Act, supported the changes, saying:

We are delighted that the Government has now announced their plans for modernising copyright. These measures will help to provide certainty for digital entrepreneurs working with copyright and rights holders alike. The report comes after an exhaustive 16 month period of consultation and the strength of the argument for reform shines through.

These reforms are clearly an improvement on the law as it stands, but they remain mere incremental improvements. Without addressing the questions at the heart of copyright and intellectual property – chiefly, whether the protections exist to encourage the production of copyrighted works, or to allow the owners of copyrighted works to extract as much value a possible from them – then there will remain problems with the implementation.

And while the changes are more friendly to digital industries than much legislation which affects them, the continued overprotection in a number of areas doesn't do a whole lot to disabuse the notion that the entertainment industry has too much power in this field. Where's the clarification about whether or not you can sell downloads second-hand? And isn't it time consumers were given some rights above and beyond the standard "permanent license which can be revoked at any time" that digital stores offer, despite using the language of buying and selling?

Nonetheless, the implementation of Hargreaves recommendations is to be welcomed. I might just shift some formats to celebrate.

Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

Photo: Getty Images
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No, IDS, welfare isn't a path to wealth. Quite the opposite, in fact

Far from being a lifestyle choice, welfare is all too often a struggle for survival.

Iain Duncan Smith really is the gift that keeps on giving. You get one bile-filled giftbag of small-minded, hypocritical nastiness and, just when you think it has no more pain to inflict, off comes another ghastly layer of wrapping paper and out oozes some more. He is a game of Pass the Parcel for people who hate humanity.
For reasons beyond current understanding, the Conservative party not only let him have his own department but set him loose on a stage at their conference, despite the fact that there was both a microphone and an audience and that people might hear and report on what he was going to say. It’s almost like they don’t care that the man in charge of the benefits system displays a fundamental - and, dare I say, deliberate - misunderstanding of what that system is for.
IDS took to the stage to tell the disabled people of Britain - or as he likes to think of us, the not “normal” people of Britain -  “We won’t lift you out of poverty by simply transferring taxpayers’ money to you. With our help, you’ll work your way out of poverty.” It really is fascinating that he was allowed to make such an important speech on Opposite Day.
Iain Duncan Smith is a man possessed by the concept of work. That’s why he put in so many hours and Universal Credit was such a roaring success. Work, when available and suitable and accessible, is a wonderful thing, but for those unable to access it, the welfare system is a crucial safety net that keeps them from becoming totally impoverished.
Benefits absolutely should be the route out of poverty. They are the essential buffer between people and penury. Iain Duncan Smith speaks as though there is a weekly rollover on them, building and building until claimants can skip into the kind of mansion he lives in. They are not that. They are a small stipend to keep body and soul together.
Benefits shouldn’t be a route to wealth and DWP cuts have ensured that, but the notion that we should leave people in poverty astounds me. The people who rely on benefits don’t see it as a quick buck, an easy income. We cannot be the kind of society who is content to leave people destitute because they are unable to work, through long-term illness or short-term job-seeking. Without benefits, people are literally starving. People don’t go to food banks because Waitrose are out of asparagus. They go because the government has snipped away at their benefits until they have become too poor to feed themselves.
The utter hypocrisy of telling disabled people to work themselves out of poverty while cutting Access to Work is so audacious as to be almost impressive. IDS suggests that suitable jobs for disabled workers are constantly popping out of the ground like daisies, despite the fact that his own government closed 36 Remploy factories. If he wants people to work their way out of poverty, he has make it very easy to find that work.
His speech was riddled with odious little snippets digging at those who rely on his department. No one is “simply transferring taxpayers’ money” to claimants, as though every Friday he sits down with his card reader to do some online banking, sneaking into people’s accounts and spiriting their cash away to the scrounging masses. Anyone who has come within ten feet of claiming benefits knows it is far from a simple process.
He is incredulous that if a doctor says you are too sick to work, you get signed off work, as though doctors are untrained apes that somehow gained access to a pen. This is only the latest absurd episode in DWP’s ongoing deep mistrust of the medical profession, whose knowledge of their own patients is often ignored in favour of a brief assessment by an outside agency. IDS implies it is yes-no question that GPs ask; you’re either well enough to work or signed off indefinitely to leech from the state. This is simply not true. GPs can recommend their patients for differing approaches for remaining in work, be it a phased return or adapted circumstances and they do tend to have the advantage over the DWP’s agency of having actually met their patient before.
I have read enough stories of the callous ineptitude of sanctions and cuts starving the people we are meant to be protecting. A robust welfare system is the sign of a society that cares for those in need. We need to provide accessible, suitable jobs for those who can work and accessible, suitable benefits for those who can’t. That truly would be a gift that keeps giving.