Enterprise and Regulatory Reform Bill

AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
[Supplementary to the Seventh Marshalled List]

Before Clause 65

LORD STEVENSON OF BALMACARA

28DZA*

Insert the following new Clause—

“Metadata

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

(2) In Part VII (miscellaneous and general), after section 296ZG insert—

“296ZH Effect of electronic rights management information when material gathered by an automated process

(1) This section applies where electronic rights management information is associated with a copy of a copyright work, or appears in connection with the communication to the public of a copyright work, and a person (A) in the course of a business (including without limitation in pursuance of educational, cultural or any other non profit objectives) makes a copy of or performs any other restricted act in relation to that work by an automated process.

(2) If the conditions in subsection (3) are satisfied, A is deemed to have notice of the contents of that electronic rights management information (“the information”) for all purposes relating to his further use of, or access to, the copyright work.

(3) Those conditions are that—

(a) it is reasonably practicable for A to instruct the equipment or software which conducts the automated process to recognise, read and interpret the information;

(b) the meaning of the information may be ascertained from published standards which A knows about or ought to know about;

(c) the meaning of the information is sufficiently clear that it is reasonably practicable to instruct A’s equipment or software to comply with any restrictions contained in the information regarding the further use of, or access to, the copyright work.

(4) Where, apart from this section, A would be regarded in law as having notice of any of the information, nothing in this section prevents A from having such notice.

(5) Subsections (1) to (4), and any other provisions of this Act as it has effect for the purposes of those subsections, apply, with any necessary adaptations, to rights in performances, publication right and database right.

(6) Section 296ZG(7) (definition of certain expressions) extends to this section.””

LORD STEVENSON OF BALMACARA

BARONESS HAYTER OF KENTISH TOWN

28DZB*

Insert the following new Clause—

“Exploitation of two-dimensional images of articles embodying designs derived from artistic work

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

(2) In Chapter 3 of Part I (acts permitted in relation to copyright works), after section 51 insert—

“51A Exploitation of two-dimensional images of articles embodying designs derived from artistic work

(1) This section applies where a design has been made available to the public, in the United Kingdom or elsewhere.

(2) It is not an infringement of copyright in the design itself (if any), or any artistic work embodied or incorporated in it, to make, distribute, communicate to the public photographs, graphic or reprographic reproductions, films, or other two-dimensional images of articles embodying the design.

(3) The Secretary of State may by order make provision excluding from the operation of this section such articles of a primarily literary or artistic character as he thinks fit.

(4) An order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) In this section—

(a) design has the meaning found in section 1(2) of the Registered Designs Act 1949;

(b) “making available” means making available to the public by publishing following registration or otherwise, or exhibiting, using in trade or otherwise disclosing.””

Clause 66

LORD STEVENSON OF BALMACARA

BARONESS HAYTER OF KENTISH TOWN

28FB*

Page 61, leave out lines 15 to 31 and insert—

“( ) The Secretary of State may by regulation vary penalties in accordance with the penalties laid down in the Act.””

28JAA*

Page 61, line 35, leave out from beginning to end of line 12 on page 62 and insert—

“( ) The Secretary of State may by regulation vary penalties in accordance with the penalties laid down in this Act.”

Clause 67

LORD STEVENSON OF BALMACARA

BARONESS HAYTER OF KENTISH TOWN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 67 stand part of the Bill.

Clause 68

LORD STEVENSON OF BALMACARA

28WA*

Page 63, line 35, at end insert—

“(2A) An authorisation may provide for a licensing body to grant copyright licences to film material of all ages, related materials and pre-1990 broadcast materials for educational use and learning purposes.”

Schedule 21

LORD STEVENSON OF BALMACARA

BARONESS HAYTER OF KENTISH TOWN

56A*

Page 259, line 23, after “met,” insert “including the requirement to act in the public interest”

LORD STEVENSON OF BALMACARA

56B*

Page 259, line 25, at end insert—

“(2A) The regulations may require that a body authorised to grant licenses include on its governing body representatives of rights-holders and users of works for which it is authorised to grant licenses.”

Clause 69

LORD STEVENSON OF BALMACARA

 

Lord Stevenson of Balmacara gives notice of his intention to oppose the Question that Clause 69 stand part of the Bill.

After Clause 74

LORD STEVENSON OF BALMACARA

BARONESS HAYTER OF KENTISH TOWN

58H*

Insert the following new Clause—

“Relationship between an insolvent company and its suppliers

(1) Section 233 of the Insolvency Act 1986 (supplies of gas, water, electricity, etc) is amended as follows.

(2) In subsection (3)(a) at end insert “or other supplier”;

(3) In subsection (3)(b) at end insert “or other supplier”;

(4) In subsection (3)(d) at end insert “or other supplier”;

(5) After subsection (3)(d) insert—

“(e) a supply of computer hardware or software or infrastructure permitting electronic communications”

(6) After subsection (3) insert—

“(3A) Any provision in a contract between a company and a supplier of goods or services that purports to terminate the agreement, or alter the terms of the contract, on the happening of any of the events specified in subsection (1) is void.””

Prepared 14th January 2013