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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Filed Under: advertising, copies, hard drive, personal usage, uk


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  1. icon
    PaulT (profile), 4 Apr 2011 @ 11:20am

    Re: George Orwell prophesied this kind of shite

    Although I no longer live in my home country, I do ahve to defend it sometimes...

    "As bad as the IP douche bags in the US are, they don't even hold a candle to those wankers in the UK."

    The worst offenders are usually parts of US-based corporate conglomerates, or at least the same corporations as you have there.

    Besides, if you notice, nothing is actually being stopped here apart from a certain type of advertising. The silly laws about copying for private use are pretty much unenforceable. This is simply an advertising watchdog making sure that a device manufacturer is not advertising an illegal use for its product. It's silly that the law is there to begin with for personal use, but it's hardly Orwellian.

    "the omnipresence of video camera monitoring"

    That tends to be overstated, IMHO, and usually dates back to a study that was made using extremely flawed methodology. A large proportion of monitoring is privately owned, in public spaces such as petrol stations, pubs and shops and it hardly covers everywhere outside of city centres, and often not even there. Same as in the US, or at the very least you're not far behind.

    "vapidity of the royals-worshipping general populace"

    Please. The number of people in your country who actually "worship" the royals is probably the same as in the UK. A lot of us would be happy to be shot of them and "worship" them enough to force them to pay taxes, among other things. I certainly won't be celebrating the royal wedding, although I may appreciate the potential extra day off work for my family on the day.

    As for "vapidity" of the populace... that's a mighty fine glass house you have there, maybe you should stop throwing those rocks.

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