Changes to copyright laws could impact sale of mixed music CDs
It may be the end of the road for residents who make and sell mixed music compact discs (CDs) in the near future as Bermuda will be looking at amending its copyright laws after the General Election.
According to a Government press release from the Minister of Labour, Home Affairs and Public Safety, last week the United Kingdom Privy Council made an order-in-council which extends provisions of Part I of the UK Copyright, Patent and Designs Act as modified in Bermuda.
Labour Minister Terry Lister said the new UK legislation represents a major reform of its 1956 version.
In conjunction with the Attorney General's Chambers the Ministry of Labour has completed the drafting of the Copyright and Design Bill 2003, which includes provisions that protect additional and related rights such as database rights, performers' and design rights.
"The many technological developments, particularly as they relate to the protection of computer software and cable programmes...were taken into account as well as measures to enable the UK to ratify the 1971 Paris Act of the Berne Convention," Mr. Lister said.
And, according to the release, the Copyright (Bermuda) Order 2003 is the first step in the Government's initiative to bring Bermuda's copyright legislation into line with international standards.
Should this Bill become law, will it apply to those who sell mixed CDs (ranging in price from $10 to $25 each)?
"It is a possibility," said Government Registrar Marlene Christopher. "Copyright infringement could be taking place if they have not received permission from the owners of the material."
However, Mrs. Christopher stressed that she was not saying that any person who made mixed CDs would definitely be breaking any laws. She added that Bermudians will see more education on the subject in the future.
However, one studio owner was adamant those making the discs were committing copyright infringement. As he explained that a person illegally making a mixed CD can be costly for a record company, he said actions like these need to be stopped unless the proper permission is granted.
"They definitely are in violation of the law," said the man who asked that his identity be concealed. "If an artist has a hit song and you make a mixed CD, I will buy the mixed CD instead of buying the entire album.
"Record labels are losing millions while the bootleggers are making a lot of money, but they are not the ones putting the creative energies into the music."
But while the man said he thought it would be hard to catch people who make the CDs, he told The Royal Gazette: "If they catch anybody, I believe that person will be made an example of."
One record store owner, who admitted that he has sold mixed CDs to his customers in the past said he would be interested to see how new copyright laws would affect CD makers. "I have a vested interest in this topic," he said. "But I'd rather not comment at this time."
After five years of selling mixed CDs on the Island, one deejay said if there was a crackdown in the law, his business would still continue. "There are other ways to sell them then going through the stores," he said. "If the law said I couldn't sell them through (store name) I would sell them to customers myself by mail order."
The well-known entertainer, who asked not to be named, said while some people may think him and others who make the CDs are ripping off record companies, it is promoters from abroad who often times send him their artists' music. "They want people to know who they are, so that when the album does drop, people will want to buy it."