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.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

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

Reader Comments

Subscribe: RSS

View by: Time | Thread

  1. icon
    Not an Electronic Rodent (profile), 5 Apr 2011 @ 4:15am

    Re: USB record decks

    What about all those USB record decks that openly advertise in the UK their use for copying your vinyl collection to mp3 or CD?

    consistent - NOT

    Ah this to my knowledge (IANAL) is where UK law gets a little odd. Hopefully (what am I saying??) there's a UK lawyer around to clarify...

    Prior to our version of DCMA (which I think came in about '97 or '98) it was completely legal under UK law to hold a backup copy of media that you owned. When the 1997(?) act became law it essentially made that illegal, though the law original wasn't removed.
    AFAIK the limitation of the "fair use backup" only applies for stuff published after the new law came into effect so "Record to MP3" is likely to be outside this limitation for most content (how much vinyl is made after 1997?).
    Of course, if I'm right about that then a lot of CDs are also legal to rip for personal "backup" use, so a portion of CD to MP3 functionality would also be legal so it's still inconsistent.

    My other question is why this device when every single iPhone/Pod/Pad/Pwhatever device for example also comes with exactly the same functionality in iTunes?? I can't see Apple devices being quite so popular if the "illegality" of ripping a CD to MP3 was suddenly enforced with the usual draconian pointless brutality can you?

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here

Subscribe to the Techdirt Daily newsletter

Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Follow Techdirt
Special Affiliate Offer

Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Report this ad  |  Hide Techdirt ads
Recent Stories
Report this ad  |  Hide Techdirt ads

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it

Email This

This feature is only available to registered users. Register or sign in to use it.