UK Advertising Board Says CD Jukebox With Hard Drive Can't Advertise That It Copies Music, Since That's Infringement

from the this-is-ridiculous dept

We've seen the entertainment industry flip out and kill innovative products like a DVD juke box that makes digital copies of your DVDs so that you can access and watch them more easily. Over in the UK, apparently they're also killing similar things for CDs. Derek Slater points us to the news that the Advertising Standards Authority in the UK has whacked the advertisements for the Brennan JB7 CD player, which is a CD player with a hard drive, because it advertises that it can copy your music... and that's illegal. Yes, even though it's for personal use. Over in the UK, you technically have no right to make personal copies of CDs, and since the advertisement doesn't make that clear, the ad is "inciting" infringement:
The ASA noted the product was a CD player as well as having a hard disk to store CDs and also record from vinyl and cassette. We also noted, however, it repeatedly made reference to the benefits of the product being able to copy music but did not make clear that it was illegal to do so without the permission of the copyright owner. We considered the overall impression of the ad was such that it encouraged consumers and businesses to copy CDs, vinyl and cassettes. In the absence of prominent explanation, we concluded that the ad misleadingly implied it was acceptable to copy CDs, vinyl and cassettes without the permission of the copyright owner. We also considered that the ad encouraged people to use the advertised product in this way and that, therefore, it incited consumers to break the law.

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  1. icon
    Paddy Duke (profile), 6 Apr 2011 @ 6:40am

    Re: Re:

    Iím quite sure that there are numerous members of the ASA who have no issue with the copying, and who have music libraries riddled with pirated material. But thatís not the point here.

    The job of the ASA is to protect advertisers from legal liability (incitement in this case), and the public from misleading information (i.e., that it is legal to rip music from CDs).

    What the ASA did here was exactly the right thing. Whether they agree with the law or not is really neither here nor there.

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