Is It Legal to Copy Your Own CDs on to an MP3 Player in the UK?

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Yesterday I brought my wife an MP3 player and we started thinking about whether it was illegal to rip the music off a CD that we've previously purchased and then download it on to the player.

I was under the impression that it was illegal to copy a CD (even if it's one that we already purchased) on to an MP3 player, because I'd heard it was illegal to copy music from one format to another even if it's for your own use.

Most people wouldn't (and don't) worry about it, but we don't like the idea of breaking any laws. Consequently, I set out to research the issue and try and get a definitive answer.

Before I discuss my findings I should point out that I'm not a lawyer or a copyright expert. You'll have to draw your own conclusions about my findings.

Ok, here we go.

The first website I found was a BBC News article from October 2006. It said, in part:

"A think-tank has called for outdated copyright laws to be rewritten to take account of new ways people listen to music, watch films and read books.

The Institute for Public Policy Research (IPPR) is calling for a "private right to copy".

It would decriminalise millions of Britons who break the law each year by copying their CDs onto music players. "

That sounds fairly straight forward, right? It's illegal, but most people do it anyway.

That's fine, but it doesn't help those of us who want to stick to the laws of the land. Although this seemed fairly conclusive, since I didn't get the answer I was hoping for, I kept searching.

Next I found a reference to MP3s on Birmingham.gov.uk . That said:

" - It is also legal to create MP3s from your own CDs and store them on your computer.

- Remember that, while it's legal to create MP3s from music you already own, it's illegal to swap these with your friends or post them on a Web site without permission. "

That seemed to contradict the BBC News article? But when it says "your own CDs", does that include commercial CDs? Obviously it's illegal to swap MP3s or post them on the web, but this seemed to be saying that it was ok for your own use.

This was the answer I wanted, but who should I believe? The BBC, or Birmingham local government?

I kept searching. Next up - Which.co.uk . The consumers guide to everything.

"It's illegal to copy ('burn') a CD of copyrighted material. This includes loading tracks on to an MP3 player or making a compilation CD.

UK copyright law forbids you from copying music from one format to another, even if you bought the original."

That fits in with the BBC website and matched what I had heard anecdotally.

But the Birmingham.gov.uk website still haunted me. Surely the government should have the last word on the matter? Or was I just hopeful?

My last stop was direct.gov.uk . This is the governments one stop site for public service information and is compiled by the Central Office of Information. It had this to say:


"If you've bought a CD in a shop, you may want to copy the songs onto an MP3 player or make a copy of the CD. Generally speaking, you can make a copy for your own personal use, you will not be breaking the law. You can also lend the CD that you bought to your friends if they want to listen to it.

However, it is illegal to make copies of CDs and give them to your friends or to sell pirate copies of CDs for a profit."


HANG ON! Forget the questionable punctuation for a moment, this is a very clear statement to the effect that copying CDs you've purchased legally on to an MP3 player is absolutely fine and IS NOT breaking the law.

But what strange wording! "Generally speaking... you will not be breaking the law."

To me that sounds like, "Technically copyright law forbids it, but it's an outdated law and we're going to change it soon anyway and no-ones going to prosecute you for doing it."

This sounds like the kind of thing your mate down the pub might say to justify doing something he knows he's not supposed to.

Or maybe not. Perhaps it's really the case that the music industry insists this is illegal when, in reality, the government believes that if they tried to prosecute someone under this law, it wouldn't hold up to scrutiny.

Maybe applying an old copyright law to modern music technology is not as clear cut as the music industry would like us to believe.

So what's the answer? Well, as I said earlier, I'm not an expert and you have to decide.

But what it boils down to is whether you want to follow the counsel of the media, or the government.

If anyone has useful insights on this matter, please go ahead and post a comment.

Sources:
Direct.gov.uk - Film and Music Piracy
Which.co.uk - MP3 Players
Birmingham.gov.uk - A Guide to MP3
BBC NEWS | UK | Copying own CDs 'should be legal'