Enterprise and Regulatory Reform Bill

AMENDMENTS
TO BE MOVED
ON REPORT
[Supplementary to the Second Marshalled List]

Before Clause 66

LORD CLEMENT-JONES

LORD JENKIN OF RODING

BARONESS BUSCOMBE

84ZB*

Insert the following new Clause—

“Annual Report on copyright licensing

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

(2) In Part VII (miscellaneous and general), after section 301—

“301A Annual report on copyright licensing

The Secretary of State shall present to Parliament an annual report from the Intellectual Property Office which shall include a review of the state of copyright licensing in the United Kingdom, of cross border co-ordination with other jurisdictions and of progress on protecting metadata.”.”

Clause 66

LORD CLEMENT-JONES

84ZC*

Page 62, line 32, at end insert—

“( ) Nothing contained in this section or in the Copyright Designs and Patents Act 1988 shall have effect so as to treat the making, distributing or communicating to the public photographs, graphic or reprographic reproductions, or other two-dimensional images of relevant articles falling within section 52 as infringement of copyright in such articles or the artistic work from which they are derived.”

Clause 68

LORD CLEMENT-JONES

BARONESS BUSCOMBE

84AA*

Page 64, line 2, after “amend” insert “paragraph 12(3) of”

84AB*

Page 64, line 3, at end insert “other than—

(a) unpublished photographs taken before the commencement of section 3 of the Copyright Act 1956,

(b) films not falling within paragraph 12(2)(e) of Schedule 1 of the Copyright Designs and Patents Act 1988, and

(c) all other unpublished literary and artistic works within the meaning of Article 2 of the Berne Convention by known authors who died after 1899”

84AC*

Page 64, line 9, at end insert “subject to the exclusion in subsection (2)”

84AD*

Page 64, line 16, at end insert—

“( ) Subsections 2 to 6 do not apply in relation to works falling under section 116A of the Copyright Designs and Patents Act 1988.”

Clause 69

LORD CLEMENT-JONES

BARONESS BUSCOMBE

84AE*

Page 64, line 39, after “search” insert “of each individual work”

84AF*

Page 65, line 22, after “owner” insert “exclusive licensee or an authorised representative”

LORD HOWARTH OF NEWPORT

84AG*

Page 65, line 41, after “paid” insert “if deemed required”

After Clause 69

LORD CLEMENT-JONES

BARONESS BUSCOMBE

84AH*

Insert the following new Clause—

“Greater protection for authors when assigning or licensing copyright

In paragraph 1(c) of Schedule 1 to the Unfair Contract Terms Act 1977 (Scope of sections 2 to 4 and 7), omit “copyright”.”

Prepared 2nd March 2013