[Fsfe-ie] New Draft

Malcolm Tyrrell malcohol at eircom.net
Sat Dec 13 15:43:10 CET 2003

Hi there.

I've looked at Clauses 3, 4 and 6 of the draft and I don't see any
significant problems for us. Please help confirm this!

Clauses 3 and 4 change to Section 87(1) and Section 244(1), respectively.
Considering the change to Section 87(1):

The original is:
> (1) The copyright in a work is not infringed by the making of a transient
> and incidental copy of that work which is technically required for the
> viewing of or listening to the work by a member of the public to whom a
> copy of the work is lawfully made available.

This would be replaced by:
> Temporary acts of reproduction:
> (1) It is not an infringement of the rights conferred by this Part to
> undertake or conduct temporary acts of reproduction which acts are
> transient or incidental which are an integral and essential part of a
> technological process and whose sole purpose is to enable -
>   (a) a transmission in a network between third parties by an intermediary,
>       or
>   (b) a lawful use,
> of a work or other subject-matter to be made, and which acts have no
> independent economic significance.

As I see it, if you are a lawful user, everything (that I have thought
of so far) allowed by the original is still allowed by the new version. 
One concern might be with the definition of "lawful user". 

The change to Section 244(1) is very similar.

Clause 6 is concerned entirely with sheet music and I don't think it's
up to us to think through the consequences of this.

Does anyone agree or disgree with these observations? If people agree,
it means we can focus entirely on the Clause 2 and Clause 5 as in the
draft letter I have posted.

Good luck,


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