BT forced to block 'pirate' website

In the first ruling of its kind BT has been ordered to block access to a website accused of ‘flagrant’ copyright infringement. 

The case which was brought by the Motion Picture Association of America (MPAA) (whose members include film giants 20^th Century Fox, Warner Bros and Paramount Pictures) against BT in respect of the Newzbin2 website, which reportedly receives more than £1 million a year from its 700,000 users who pay for illegal copies of films and music.

This is a clear victory for thousands of people working in the UK creative industries, but will it make any difference in the fight against copyright infringement? does it win the war? 

In reality, probably not, because the man on the street will, it seems, seek out new sources of free music, films and other copyright works. As for Newzbin2, well, in 2010 we had the original Newzbin website, but this was closed down when it was sued for breach of copyright by MPAA. Newzbin responded by opening Newzbin2. It seems that a pattern is beginning to emerge; maybe Newzbin2 will be reincarnated as Newzbin3!

The difficulties for copyright owners are clear: the sheer numbers involved make it an almost impossible task to pursue individual downloading users. This was recently demonstrated by ACS:Law and its mass letter writing campaign regarding alleged copyright infringement of Media CAT’s copyright material. This leaves website owners as the next target, however, this leads back to the question of what such action ultimately achieves. 

Whatever happens next in the fight against copyright infringement, users of such websites should be aware of when they can and can’t download material from the internet and the penalties they face for infringement.

In the UK, copyright law is set out in the Copyright, Designs and Patent Act 1988. Copyright subsists in original music and films. It lasts for 70 years from the end of the calendar year in which the last remaining author of the work dies in respect of music, and 70 years from the end of the calendar year in which the last principal director, author or composer dies in respect of films. It is an offence to copy, lend, rent, sell, perform, broadcast or adapt copyright material without the permission of the owner.

To legally download music or a film, a user will need permission of the copyright owner which can be obtained, by the website offering the music or film for download, in the form of a licence. There are many websites such as iTunes, Amazon and Spotify which do have licences and from which users can legally download films or music. However, there are many more that don’t. 

If a user downloads music or films from a website which doesn’t have permission to distribute that music or film, that user (as well as the website owner) will be committing a copyright infringement offence. Users and website owners will then face the penalties under that Copyright, Designs and Patent Act 1988 which include:

• having to pay damages and compensation to the copyright owner.
• having an injunction taken out against the user to stop them using the film or music
• being ordered to give the film or music back to the copyright owner

They will also face the penalties under the recently enacted Digital Economy Act 2010 which include limitations to or suspension of their internet account. It also allowed Ofcom to require ISPs to block access to websites hosting illegal content; however the Government has announced today that it will not, for the time being, exercise this power as Ofcom believes it is unworkable.  

It is quickly becoming clear that the law as it stands today does not adequately protect copyright in the fast changing ‘virtual’ world. Indeed Vince Cable today accepted the recommendations of the Hargreaves Review, which signals a major shake-up of copyright law. More needs to be done with the co-operation and initiative of the music and films companies in order to tackle this modern enigma and prevent copyright infringement without censorship so that people continue to create films and music and everyone can continue to enjoy those creations.

Written by Shelley Marshall a Solicitor in the Commerce and Technology group.