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Thanks for your question. I am a solicitor in the UK with 35 years of experience in private practice with a specialism in copyright law and I hope that I can help you with your question today. Let me just read your question and I will either give you an initial answer or ask you for further information. I aim to respond to you as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best answer I can.
You are quite right. The private use exception introduced as section 28B of the 1988 Act was repealed following the court’s decision brought by the Queen as representing the UK music authorities. Here is the comment on Westlaw: “Due to the quashing of SI 2014/2361 by the decision in R (on the application of British Academy of Songwriters, Composers and Authors) v Secretary of State for Business, Innovation and Skills on July 17, 2015 we have removed s.28B as inserted by Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014/2361 reg.3(1) (July 17, 2015)”. Copying for personal use in the manners described by you is not permitted except by way of education, parody, reporting and review etc. And your recipe example is stretching things. However the issue of enforcement is relevant. If I make a back up copy of a CD to use in my car because I don’t want to take the original out of my house, who is going to stop me? And as a I understand it there is no easy mechanism to allow that kind of copying without actually applying for and paying for a licence. No one is going to do that so the law really is a bit impractical and unsatisfactory at the moment. I’m not sure that Parliament has actually passed any legislation about this since the case in 2015 therefore the section 28B technically remains in force albeit the court has outlawed it’s future use. Again very unsatisfactory.
I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.
I have given you the legal answer. And I have simply commented on the practical reality of the situation. There is not such court case because the royalty collectors would not be so stupid as to bring such a case in the example I have given you.
Sorry, I’m not understanding the second part of your question.
It’ll be because of the difficulties in enforcement and the question would be whether it is worth having a law that can’t be enforced.
1. Yes because you’re not copying it. 2. A copy for private study is fine.