| Previous Section | Index | Home Page |
New clause 27
.--(1) Any provision in an agreement is void in so far as it purports to prohibit or restrict relevant dealing with a broadcast or cable programme in any circumstances where by virtue of section 30(2) of the Copyright, Designs and Patents Act 1988 (fair dealing for the purpose of reporting current events) copyright in the broadcast or cable programme is not infringed.
(2) In subsection (1)--
(a) "relevant dealing", in relation to a broadcast or cable programme, means dealing by including visual images taken from it in another broadcast or cable programme, and
(b) "broadcast" and "cable programme" have the same meaning as in Part I of the Copyright, Designs and Patents Act 1988.'--[Mr. Sproat.]
Brought up, and read the First time.
Mr. Sproat: I beg to move, That the clause be read a Second time.
The new clause give effect to my commitment in Committee to table an amendment to safeguard news access to sporting and other events. The new clause provides that any provision in a contract is void in so far as it prevents the use of visual images from another programme for the purposes of news reporting, in circumstances in which the fair dealing provisions of the Copyright, Designs and Patents Act 1988 would apply. Any decisions as to what constitutes fair dealing would remain for the courts to take, based on the specific circumstances of the case in question.
Question put and agreed to.
Clause read a Second time, and added to the Bill.
Mr. Ian Taylor:
I beg to move, That the clause be read a Second time.
The new clause gives effect to the commitment made by my hon. Friend the Minister of State, Department of National Heritage, in Committee when possible changes to the scope of the statutory licence were discussed. He explained that the Government did not feel that it was appropriate to go ahead with any changes at present, but the new clause will allow an order to be made in future to vary the application of the statutory licence. That will include restricting the categories of broadcast or cable programme service to which the statutory licence applies. The Government have in mind in particular the possible removal of on-demand services from the statutory licence.
The new clause will also give the copyright tribunal the discretion to add an element of interest to awards that it makes when resolving disputes, for example, under the statutory licence. This will include a back-dated payment or repayment to compensate any party financially disadvantaged by the unreasonable behaviour of another. Because of the scope of the Bill, the new clause has been limited to cases involving broadcasting and cable programmes, but when a suitable legislative opportunity arises the Government intend to apply the change to all disputes that can be heard by the tribunal.
Mr. Geoffrey Hoon (Ashfield):
I welcome the new clause on behalf of the Opposition. It has been tabled in response to an amendment tabled by Opposition Members in Committee and it will allow the Government to respond flexibly and sensibly to perceived difficulties in the music industry, in particular, as a result of the development of new on-demand services. We welcome this response to changing technology and we hope that the Government will look at suggestions made by the music industry to deal with what it believes are considerable difficulties in
Question put and agreed to.
Clause read a Second time, and added to the Bill.
Mr. Ian Taylor:
I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker:
With this, it will be convenient to discuss also Government new schedule 4--Amendments of Copyright, Designs and Patents Act 1988 relating to cable programme services.
Mr. Taylor:
The new clause and new schedule are immensely complicated, but the purposes are relatively straightforward and simple. They adjust the Copyright, Designs and Patents Act 1988 to take account of the introduction of the new must-carry requirements for cable operators under clause 86. As many hon. Members will know, the must-carry amendments were introduced following debates in the Lords in which Baroness O'Cathain played a leading and most constructive role, and I give her due credit.
Clearly, cable operators should not be liable for copyright infringement merely by fulfilling their obligations under clause 86 to carry public service broadcasts. The new clause and new schedule ensure that that is the case, while also providing for copyright owners to obtain additional payments from broadcasters where a broadcast is carried by cable outside the area for which it is made.
Where other broadcasts are to be carried, the cable operators will need to obtain copyright clearance from the broadcaster but, as is the case at present, there will be no copyright infringement in underlying works. Broadcasters will have already paid a royalty to rights owners for the area covered by the broadcast. An additional royalty for cable coverage of the same area would therefore amount to a double payment.
We expect and hope, however, that in future there will be many new broadcasts as a result of digital technology. The new clause therefore includes an order-making power
allowing the Government to limit the exemption from copyright infringement should there be evidence that copyright owners are not getting their due as a result of these developments.
Mr. Hoon:
The Opposition have no substantial objection to the new clause. However, in response to the Minister's comment about the complexity of the proposals, I make the observation that it is somewhat unfortunate at this late stage in the passage of the Bill--which has completed its stages in the other place and has gone through a long and detailed Committee stage in this House--for us to be presented with complex amendments which have not been considered in detail in Committee. That is regrettable.
'.--(1) After section 135G of the Copyright, Designs and Patents Act 1988 there is inserted--
"Power to amend sections 135A to 135G
135H.--(1) The Secretary of State may by order, subject to such transitional provision as appears to him to be appropriate, amend sections 135A to 135G so as--
(a) to include in any reference to sound recordings any works of a description specified in the order; or
(b) to exclude from any reference to a broadcast or cable programme service any broadcast or cable programme service of a description so specified.
(2) An order shall be made by statutory instrument; and no order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament."
(2) After section 151 of that Act there is inserted--
"Award of interest
151A.--(1) Any of the following, namely--
(a) a direction under section 123(3) so far as relating to a licence for broadcasting a work or including a work in a cable programme service;
(b) a direction under section 128(3) so far as so relating;
(c) an order under section 135D(1); and
(d) an order under section 135F confirming or varying an order under section 135D(1),
may award simple interest at such rate and for such period, beginning not earlier than the relevant date and ending not later than the date of the order, as the Copyright Tribunal thinks reasonable in the circumstances.
(2) In this section "the relevant date" means--
(a) in relation to a direction under section 123(3), the date on which the reference was made;
(b) in relation to a direction under section 128(3), the date on which the reference or application was made;
(c) in relation to an order section 135D(1), the date on which the first payment under section 135C(2) became due; and
(b) in relation to an order under section 135F, the date on which the application was made."
(3) Subsection (2) does not apply in any case where the reference or application to the Copyright Tribunal was or is made before the commencement of this section.'--[Mr. Ian Taylor.]
Brought up, and read the First time.
'Schedule (Amendments of Copyright, Designs and Patents Act 1988 relating to cable programme services) (which contains amendments of the Copyright, Designs and Patents Act 1988 relating to broadcasts included in cable programme services) shall have effect.'.--[Mr. Ian Taylor.]
Brought up, and read the First time.
| Next Section
| Index | Home Page |