Buy a certain music CD - Dido’s first album, for example - and you’ll find
that, while it plays in a CD player, it’s nearly impossible to copy the CD, or
rip
it and put it on an MP3 music player.
The same applies to The Beatles’ Let it Be… Naked album, released a couple of
years ago. The album will play on a computer, but it’s not possible to rip the
CD as
MP3
tracks.
Music and film makers use something called Digital Rights Management, or DRM,
to try to prevent their property from being freely copied. The two CDs above
both use DRM.
What you can and can’t do
DRM is intended to stop people from making illegal copies of data, in this case,
music or video files. Before CDs, DVDs and computers, it was very difficult to
make a high-quality copy of a music track.
With digital recording, however, it’s possible to make perfect clones of a
music track, and to keep making those infinitely. DRM is intended to stop
illegal copying, while allowing people who have paid for the product – be it
music, TV show or film – to watch it unhindered. However, as we’ll explain, this
isn’t necessarily the case.
By the way, DRM is built into Windows and Mac OS – to find out more about DRM
in Vista, take a look at the feature on Windows and DRM in our last issue.
But what is illegal copying? In the UK, an illegal copy means anything for
which you have not directly paid (unless someone is deliberately sharing their
material for nothing, see section entitled Licence to copy legally). So, running
off a copy of a music CD you’ve bought so you can keep a copy of your favourite
album in the car is illegal.
Burning a CD of music files you have paid for and
downloaded
from the internet is also illegal, although most music download services, such
as iTunes, enable people to burn the song a set number of times. This differs in
America, where making a single copy for your own use is fully within the law.
There is no precedent of an individual being sued for making a single copy for
personal use in the UK, but it’s not impossible.
Justifications for protecting music and video in this way are many. The
original artists, engineers and record company need paying – it’s what they do
for a living and they have their rights.
Uploading unprotected files with their work on them to file sharing sites
like Kazaa or Grokster, and allowing hundreds of people to make copies loses the
makers money. The music industry argues that this stops record labels investing
in new bands as well as existing properties. Nobody is suggesting it’s ok to
steal, and we’ll discuss whether the types of restrictions DRM places on files
is fair in a moment.
But first it’s worth dealing with a couple of popular objections from people
who oppose restrictions on file sharing. Frequently they cite people like Sir
Paul McCartney or Sir Elton John and point out that these people are rich, so
why not download their music rather than pay for it? There are two responses to
this.
First, by all means those two and more besides can indeed afford to take the
loss when someone downloads a song illegally, but the young, penniless musician
who’s struggling isn’t in that position.
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