Re: Today on fines for using filesharing 'websites'

thanks, Ian - I still may be wrong though, as what follows below is all 
that is enacted - it still is not clear as to whether it is a criminal 
or civil offense, although under initial reading 2 years ago I was under 
the impression that it was now a criminal offence in the UK.

* Making available right for performers*
     ***7.*  - (1) After section 182C there shall be inserted - 

           " * 182CA* *Consent required for making available to the public*


          (1) A performer's rights are infringed by a person who,
      without his consent, makes available to the public a recording of
      the whole or any substantial part of a qualifying performance by
      electronic transmission in such a way that members of the public
      may access the recording from a place and at a time individually
      chosen by them.

          (2) The right of a performer under this section to authorise
      or prohibit the making available to the public of a recording is
      referred to in this Part as "making available right.".

    (2) In section 182D (right to equitable remuneration for 
exploitation of sound recording) for subsection (1)(b) there shall be 
substituted - 

            " (b) is communicated to the public otherwise than by its
            being made available to the public in the way mentioned in
            section 182CA(1),".

    (3) In section 191A (performers' property rights) in subsection (1) 
after the entry for "rental right and lending right" there shall be 
inserted "making available right (section 182CA),".

    (4) Schedule 2A shall be amended as follows - 

(a) in paragraph 1(3) for the words "182B or 182C" there shall be 
substituted "182B, 182C or 182CA";

(b) in paragraphs 2 and 9, for the "or" appearing at the end of 
sub-paragraph (a) there shall be substituted - 

" (aa) making such a recording available to the public in the way 
mentioned in section 182CA(1), or."


Ian Brown wrote:

> Tim Ivorson wrote:
>
>>> 'making available' is now a criminal offence under the UK EUCD - unlike
>>> other member states who chose to make it a civil offense. there is no
>>> specification as to how large a file or how many files one 'makes
>>> available', just the the act itself is a criminal offense.
>>
>>
>>
>> Is the UK implementation law yet? FIPR says (
>> http://www.fipr.org/copyright/eucd_intro.html ) that the government 
>> "is in
>> the process of implementing the Directive". I don't remember the
>> government implementing the EUCD.
>
>
> It was implemented after we wrote that report :) (October 2003)
>
> http://www.opsi.gov.uk/si/si2003/20032498.htm
>
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