The Patent Office has issued a statement confirming that draft legislation to implement the new EU Copyright Directive in the UK will be delayed until spring 2002. Previously, the Patent Office had pledged to have a draft Statutory Instrument ready by the end of 2001. The Directive must be implemented in every Member State, by 22 December 2002.

The new law covers the rights of reproduction, communication to the public, distribution, the legal protection of anti-copying devices and rights management systems.

Among other things, the Directive will close a loophole in European law through which file swapping services could fall. It states that consumers will be allowed to reproduce material they already own but will be prevented from distributing unlimited numbers of copies or selling them.

In practical terms, this probably means that a computer user could take his or her music CD and convert a song to MP3 format then e-mail the MP3 file to a friend; but he or she would not be entitled to distribute that file on a service such as that for which Napster became famous, giving access to an unlimited number of music fans.

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