House of Commons Amendments

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee: 10 July 2012
152

Enterprise and Regulatory Reform Bill, continued

(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unpublished, or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.

(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.”

Public Bill Committee: 10 July 2012
153

Enterprise and Regulatory Reform Bill, continued

(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;

(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.

Public Bill Committee: 10 July 2012
154

Enterprise and Regulatory Reform Bill, continued

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

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.

Public Bill Committee: 10 July 2012
155

Enterprise and Regulatory Reform Bill, continued

(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.’.

Permission to borrow from the capital markets

Caroline Lucas

NC1

To move the following Clause:—

‘(1)
The Green Investment Bank may borrow funds on the capital markets.

(2)
There shall be a duty on HM Treasury to provide such assistance and take such

steps as required to allow the Green Investment Bank to carry out functions under

subsection (1).’.

General disclosure requirements

Mr Iain Wright

Ian Murray

Chi Onwurah

NC4

To move the following Clause:—

‘The Freedom of Information Act 2000 (c.36) is amended as follows—

In Part VI of Schedule 1, after the words “The Great Britain China Centre”,

insert—

“The UK Green Investment Bank”.’.

Small business super complainants

Mr Iain Wright

Ian Murray

Chi Onwurah

NC9

To move the following Clause:—

‘(1)
Section 183 of the 2002 Act is amended as follows:

Public Bill Committee: 10 July 2012
156

Enterprise and Regulatory Reform Bill, continued

(2)
For subsection (1)(b), after “him”, insert “except for any business with fewer than

50 employees or a number to be set out in an order by the Secretary of State.”’.

Mergers: duty to take account of longer-term competitiveness in considering whether to

make references

Mr Iain Wright

Ian Murray

Chi Onwurah

NC10

To move the following Clause:—

‘(1)
Section 33 of the Enterprise Act 2002 is amended as follows.

(2)
After subsection (1) insert—

“(1A)
When considering whether or not a situation results in a substantial

lessening of competition for the purposes of (1) above, the CMA shall

take into account the longer-term ability of the merged entity to compete

effectively.”.

(3)
Section 22 of the Enterprise Act 2002 is amdended as follows.

(4)
After subsection (1) insert—

“(1A)
When considering whether or not a situation results in a substantial

lessening of competition for the purposes of (1) above, the CMA shall

take into account the longer-term ability of the merged entity to compete

effectively.”.’.

Commission for Equality and Human Rights—Independence from Government

Mr Iain Wright

Ian Murray

Chi Onwurah

NC14


To move the following Clause:—

‘Schedule [Commission for Equality and Human Rights—independence from

Government] has effect.’.

Sharing and viewing on the internet

Fiona O’Donnell

NC15


To move the following Clause:—

Public Bill Committee: 10 July 2012
157

Enterprise and Regulatory Reform Bill, continued

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

(2)
In Part 1 (copyright) after section 30 (in the general provisions) insert the

following new section—

“30A
Sharing and viewing on the internet

Where work is made available to the public at a particular web address

with the permission of the owner of the copyright in that work, copyright

shall not be infringed by—

(a)
any circulation of that web address, or of its title, or of another

web address that redirects to that web address;

(b)
the downloading of any data required to display that work at that

address, and any subsequent processing of that data, including

processing for display, provided that it does not result in any

publication elsewhere of the work or an adaptation of the

work.”.’.

Material available to the public under freedom of information

Fiona O’Donnell

NC16


To move the following Clause:—

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

(2)
In Part 1 (copyright) after section 47 (in the provisions relating to public

administration) insert the following new section—

“47A
Material available to the public under freedom of information

(1)
Where material has been communicated to the public, pursuant to a

freedom of information provision, any copyright in the material as a

literary work is not infringed by the copying of so much of the material

as contains factual information of any description for a purpose which

does not involve the issuing of copies to the public.

(2)
Where material has been communicated to the public, pursuant to a

freedom of information provision, copyright is not infringed by the

copying or communicating to the public of the material, for the purpose

of enabling the material to be inspected at a more convenient time or

place or otherwise facilitating the exercise of the right conferred by

section 1 of that Act.

(3)
Where material which has been communicated to the public, pursuant to

a freedom of information provision, contains information about matters

of general scientific, technical, commercial or economic interest,

copyright is not infringed by the copying or issuing to the public of copies

of the material, for the purpose of disseminating that information.

(4)
The Secretary of State may by order provide that subsection (1), (2) or (3)

shall, in such cases as may be specified in the order, apply only to copies

marked in such manner as may be so specified.

(5)
In this section, “freedom of information provision” means—

Public Bill Committee: 10 July 2012
158

Enterprise and Regulatory Reform Bill, continued

(a)
section 1 of the Freedom of Information Act 2000;

(b)
section 1 of the Freedom of Information (Scotland) Act 2000;

and

(c)
regulation 5 of the Environmental Information Regulations

2004.

(6)
The Secretary of State may by order add further provisions to subsection

(5) above.

(7)
An Order under this section shall be made by Statutory Instrument which

shall be subject to annulment in pursuance of a resolution of either House

of Parliament.”.’.

New SchedulES

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—

“Schedule A1

Regulation of licensing bodies

Codes of practice

1    (1)
The Secretary of State may by regulations make provision for a

licensing body to be required to adopt a code of practice that

complies with criteria specified in the regulations.

      (2)
In relation to a licensing body that fails to adopt a code of practice

that it is required to adopt under provision within sub-paragraph (1),

the regulations may provide for a code of practice approved by the

Secretary of State or by a person designated by the Secretary of

State under the regulations to have effect as a code of practice

adopted by the body.

2
Regulations under paragraph 1 may make provision as to conditions

that are to be satisfied, and procedures that are to be followed—

(a)
before a licensing body is required to adopt a code of

practice as described in paragraph 1(1);

(b)
before a code of practice has effect as one adopted by a

licensing body as described in paragraph 1(2).

Licensing code ombudsman

3    (1)
The Secretary of State may by regulations make provision—



© Parliamentary copyright	Revised 10 July 2012