Licensing schemes
Rachel Squire
Melanie Johnson
NC4
To move the following Clause:—
'In the Copyright, Designs and Patents Act 1988 (c. 48), after section 31C insert—
"31D Licensing schemes
(1) Section 31B does not apply to the making of an accessible copy in a particular form if—
| (a) | a licensing scheme operated by a licensing body is in force under which licences may be granted by the licensing body permitting the making and supply of copies of the copyright work in that form; |
| (b) | the scheme is not unreasonably restrictive; and |
| (c) | the scheme and any modification made to it have been notified to the Secretary of State by the licensing body. |
(2) A scheme is unreasonably restrictive if it includes a term or condition which—
| (a) | purports to prevent or limit the steps that may be taken under section 31B or 31C; or |
(3) But subsection (2) does not apply if—
| (a) | the copyright work is no longer published by or with the authority of the copyright owner; and |
| (b) | there are reasonable grounds for preventing or restricting the making of accessible copies of the work. |
(4) If section 31B or 31C is displaced by a licensing scheme, sections 119 to 122 apply in relation to the scheme as if it were one to which those sections applied as a result of section 117.".'.
Limitations, etc. following infringement of copyright
Rachel Squire
Melanie Johnson
NC5
To move the following Clause:—
'In the Copyright, Designs and Patents Act 1988 (c. 48), after section 31D insert—
"31E Limitations, etc. following infringement of copyright
(1) The Secretary of State may make an order under this section if it appears to him that the making of copies—
| (a) | under section 31B, or |
| (b) | under a licence granted under a licensing scheme that has been notified under section 31D, |
has led to infringement of copyright on a scale which, in the Secretary of State's opinion, would not have occurred if section 31B had not been in force, or the licence had not been granted.
(2) The order may prohibit one or more named approved bodies, or one or more specified categories of approved body, from—
| (a) | acting under section 31B; or |
| (b) | acting under a licence of a description specified in the order. |
(3) The order may disapply—
| (a) | the provisions of section 31B; or |
| (b) | the provisions of a licence, or a licensing scheme, of a description specified in the order, |
in respect of the making of copies of a description so specified.
(4) If the Secretary of State proposes to make an order he must, before making it, consult—
| (a) | such bodies representing copyright owners as he thinks fit; and |
| (b) | such bodies representing visually impaired persons as he thinks fit. |
(5) If the Secretary of State proposes to make an order which includes a prohibition he must, before making it, consult—
| (a) | if the proposed order is to apply to one or more named approved bodies, that body or those bodies; |
| (b) | if it is to apply to one or more specified categories of approved body, to such bodies representing approved bodies of that category or those categories as he thinks fit. |
(6) An approved body which is prohibited by an order from acting under a licence may not apply to the Copyright Tribunal under section 121(1) in respect of a refusal or failure by a licensing body to grant such a licence.".'.
Interpretation of sections 31A to 31E
Rachel Squire
Melanie Johnson
NC6
To move the following Clause:—
'In the Copyright, Designs and Patents Act 1988 (c. 48), after section 31E insert—
"31F Definitions and other supplementary provision for sections 31A to 31E (1) This section supplements sections 31A to 31E and includes definitions.
(2) A copy of a copyright work (other than an accessible copy made under section 31A or 31B) is to be taken to be accessible to a visually impaired person only if it is as accessible to him as it would be if he were not visually impaired.
(3) "Accessible copy", in relation to a copyright work, means a version which provides for a visually impaired person improved access to the work.
(4) An accessible copy may include facilities for navigating around the version of the copyright work but may not include—
| (a) | changes that are not necessary to overcome problems caused by visual impairment; or |
| (b) | changes which infringe the right (provided by section 80) not to have the work subjected to derogatory treatment. |
(5) "Approved body" has the meaning given in section 31B(12)
(6) "Lending", in relation to a copy, means making it available for use, otherwise than for direct or indirect economic or commercial advantage, on terms that it will or may be returned.
(7) For the purposes of subsection (6), a loan is not to be treated as being for direct or indirect economic or commercial advantage if a charge is made for the loan which does not exceed the cost of making and supplying the copy.
(8) The definition of "lending" in section 18A does not apply for the purposes of sections 31B and 31C.
(9) "Visually impaired person" means a person—
| (b) | who has an impairment of visual function which cannot be improved, by the use of corrective lenses, to a level that would normally be acceptable for reading without a special level or kind of light; |
| (c) | who is unable, through physical disability, to hold or manipulate a book; or |
| (d) | who is unable, through physical disability, to focus or move his eyes to the extent that would normally be acceptable for reading. |
(10) The Secretary of State may by regulations prescribe—
| (a) | the form in which; or |
| (b) | the procedure in accordance with which, |
any notice required under section 31C(7) or (8), or 31D(1), must be given.
(11) Any power to make regulations or orders is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.".'.
Consequential amendments
Rachel Squire
Melanie Johnson
NC7
To move the following Clause:—
'(1) In section 27(6) of the Copyright, Designs and Patents Act 1988 (c. 48) (meaning of "infringing copy"), after "provisions" insert—
| | "section 31A(6) and (9) (making a single accessible copy for personal use), |
| | section 31B(9) and (10) (multiple copies for visually impaired persons), |
| | section 31C(2) (intermediate copies held by approved bodies)". |
(2) In section 179 (index of defined expressions for the purpose of Part I), insert at the appropriate places—
| "accessible copy | section 31F(3) |
| approved body | section 31B(12) |
| visually impaired person | section 31F(9)".'. |
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