House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

121

House of Commons

Notices of Amendments

given on

Thursday 5 July 2012

For other Amendment(s) see the following page(s):

Enterprise and Regulatory Reform Bill Committee 97-119

Public Bill Committee

Enterprise and Regulatory Reform Bill

Power to reduce duration of copyright in transitional cases

Norman Lamb

NC11

To move the following Clause:—

‘(1)
Section 170 of the Copyright, Designs and Patents Act 1988 (transitional

provisions and savings) is amended as follows.

(2)
At the beginning insert “(1)”.

(3)
At the end insert—

“(2)
The Secretary of State may by regulations amend Schedule 1 to reduce

the duration of copyright in existing works which are—

(a)
unpublished, or

(b)
published but anonymous or pseudonymous.

(3)
The regulations may provide for the copyright to expire on the

commencement of the regulations or at any later time.

(4)
“Existing works” has the same meaning as in Schedule 1.

(5)
Regulations under subsection (2) may—

(a)
make supplementary or transitional provision;

(b)
make consequential provision, including provision amending

any enactment or subordinate legislation passed or made before

that subsection comes into force.

(6)
The power to make regulations under subsection (2) is exercisable by

statutory instrument.

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Enterprise and Regulatory Reform Bill, continued

(7)
A statutory instrument containing regulations under subsection (2) may

not be made unless a draft of the instrument has been laid before and

approved by resolution of each House of Parliament.” ’.

Penalties under provision implementing Directive on term of protection

Norman Lamb

NC12

To move the following Clause:—

‘Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972

(limitation on criminal penalties) does not apply for the purposes of provision

under section 2(2) of that Act implementing Directive 2011/77/EU amending

Directive 2006/116/EC on the term of protection of copyright and certain related

rights.’.

Licensing of copyright and performers’ rights

Norman Lamb

NC13

To move the following Clause:—

‘(1)
The Copyright, Designs and Patents Act 1988 is amended as follows.

(2)
In section 116 (licensing schemes and licensing bodies) after subsection (4)

insert—

“(5)
Schedule A1 confers powers to provide for the regulation of licensing

bodies.”

(3)
After section 116 insert—

“Orphan works licensing and extended collective licensing

116A
Power to provide for licensing of orphan works

(1)
The Secretary of State may by regulations provide for the grant of

licences in respect of works that qualify as orphan works under the

regulations.

(2)
The regulations may—

(a)
specify a person or a description of persons authorised to grant

licences, or

(b)
provide for a person designated in the regulations to specify a

person or a description of persons authorised to grant licences

(3)
The regulations must provide that, for a work to qualify as an orphan

work, it is a requirement that the owner of copyright in it has not been

found after a diligent search made in accordance with the regulations.

(4)
The regulations may provide for the granting of licences to do, or

authorise the doing of, any act restricted by copyright that would

otherwise require the consent of the missing owner.

(5)
The regulations must provide for any licence—

(a)
to have effect as if granted by the missing owner;

(b)
not to give exclusive rights;

Notices of Amendments: 5 July 2012
123

Enterprise and Regulatory Reform Bill, continued

(c)
not to be granted to a person authorised to grant licences.

(6)
The regulations may apply to a work although it is not known whether

copyright subsists in it, and references to a missing owner and a right or

interest of a missing owner are to be read as including references to a

supposed owner and a supposed right or interest.

116B
Extended collective licensing

(1)
The Secretary of State may by regulations provide for a licensing body

that applies to the Secretary of State under the regulations to be

authorised to grant copyright licences in respect of works in which

copyright is not owned by the body or a person on whose behalf the body

acts.

(2)
An authorisation must specify—

(a)
the types of work to which it applies, and

(b)
the acts restricted by copyright that the licensing body is

authorised to license.

(3)
The regulations must provide for the copyright owner to have a right to

limit or exclude the grant of licences by virtue of the regulations.

(4)
The regulations must provide for any licence not to give exclusive rights.

(5)
In this section “copyright licences” has the same meaning as in section

116.

(6)
Nothing in this section applies in relation to Crown copyright or

Parliamentary copyright.

116C
General provision about licensing under sections 116A and 116B

(1)
This section and section 116D apply to regulations under sections 116A

and 116B.

(2)
The regulations may provide for a body to be or remain authorised to

grant licences only if specified requirements are met, and for a question

whether they are met to be determined by a person, and in a manner,

specified in the regulations.

(3)
The regulations may specify other matters to be taken into account in any

decision to be made under the regulations as to whether to authorise a

person to grant licences.

(4)
The regulations must provide for the treatment of any royalties or other

sums paid in respect of a licence, including—

(a)
the deduction of administrative costs;

(b)
the period for which sums must be held;

(c)
the treatment of sums after that period (as bona vacantia or

otherwise).

(5)
The regulations must provide for circumstances in which an

authorisation to grant licences may be withdrawn, and for determining

the rights and obligations of any person if an authorisation is withdrawn.

(6)
The regulations may include other provision for the purposes of

authorisation and licensing, including in particular provision—

(a)
for determining the rights and obligations of any person if a work

ceases to qualify as an orphan work (or ceases to qualify by

Notices of Amendments: 5 July 2012
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Enterprise and Regulatory Reform Bill, continued

reference to any copyright owner), or if a rights owner exercises

the right referred to in section 116B(3), while a licence is in

force;

(b)
about maintenance of registers and access to them;

(c)
permitting the use of a work for incidental purposes including an

application or search;

(d)
for a right conferred by section 77 to be treated as having been

asserted in accordance with section 78;

(e)
for the payment of fees to cover administrative expenses.

116D
Regulations under sections 116A and 116B

(1)
The power to make regulations includes power—

(a)
to make incidental, supplementary or consequential provision,

including provision extending or restricting the jurisdiction of

the Copyright Tribunal or conferring powers on it;

(b)
to make transitional, transitory or saving provision;

(c)
to make different provision for different purposes.

(2)
Regulations under any provision may amend this Part, or any other

enactment or subordinate legislation passed or made before that

provision comes into force, for the purpose of making consequential

provision or extending or restricting the jurisdiction of the Copyright

Tribunal or conferring powers on it.

(3)
Regulations may make provision by reference to guidance issued from

time to time by any person.

(4)
The power to make regulations is exercisable by statutory instrument.

(5)
A statutory instrument containing regulations that amend an enactment

may not be made unless a draft of the instrument has been laid before and

approved by a resolution of each House of Parliament.

(6)
Any other statutory instrument containing regulations is subject to

annulment in pursuance of a resolution of either House of Parliament.”

(4)
Schedule [Licensing of copyright and performers’ rights] (which inserts

Schedule A1 to the Copyright, Designs and Patents Act 1988 and makes

provision in relation to performers’ rights corresponding to provision made by

this section in relation to copyright) has effect.’.

Norman Lamb

NS1

To move the following Schedule:—

‘Licensing of copyright and performers’ rights

Part 1

Regulation of Licensing bodies

1
In the Copyright, Designs and Patents Act 1988, before Schedule 1 insert—



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