S.C.D.

Amendment Paper as at
Wednesday 1st May 2002

STANDING COMMITTEE D

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COPYRIGHT (VISUALLY IMPAIRED PERSONS) BILL

   

Rachel Squire
Melanie Johnson

1

Page     1,     line     1,     leave out Clause 1

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Rachel Squire
Melanie Johnson

2

Clause     2,     page     5,     line     1,     after 'Act', insert '(apart from this section)'

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NEW CLAUSES

Accessible copies of copyright work for visually impaired persons

   

Rachel Squire
Melanie Johnson

NC1

To move the following Clause:—

'In the Copyright, Designs and Patents Act 1988 (c. 48), after section 31 insert—

    "31AMaking a single accessible copy for personal use    (1)   If a visually impaired person has lawful possession or lawful use of a copy ("the master copy") of the whole or part of—

(a)	a literary, dramatic, musical or artistic work; or

(b)	a published edition,

which is not accessible to him because of the impairment, it is not an infringement of copyright in the work, or in the typographical arrangement of the published edition, for an accessible copy of the master copy to be made for his personal use.

    (2)   Subsection (1) does not apply—

(a)	if the master copy is of a musical work, or part of a musical work, and the making of an accessible copy would involve recording a performance of the work or part of it; or

(b)	if the master copy is of a database, or part of a database, and the making of an accessible copy would infringe copyright in the database.

    (3)   Subsection (1) does not apply in relation to the making of an accessible copy for a particular visually impaired person if, or to the extent that, copies of the copyright work are commercially available, by or with the authority of the copyright owner, in a form that is accessible to that person.

    (4)   An accessible copy made under this section must be accompanied by—

(a)	a statement that it is made under this section; and

(b)	a sufficient acknowledgement.

    (5)   If a person makes an accessible copy on behalf of a visually impaired person under this section and charges for it, the sum charged must not exceed the cost of making and supplying the copy.

    (6)   If a person holds an accessible copy made under subsection (1) when he is not entitled to have it made under that subsection, the copy is to be treated as an infringing copy, unless he is a person falling within subsection (7)(b).

    (7)   A person who holds an accessible copy made under subsection (1) may transfer it to—

(a)	a visually impaired person entitled to have the accessible copy made under subsection (1); or

(b)	a person who has lawful possession of the master copy and intends to transfer the accessible copy to a person falling within paragraph (a).

    (8)   The transfer by a person ("V") of an accessible copy made under subsection (1) to another person ("T") is an infringement of copyright by V unless V has reasonable grounds for believing that T is a person falling within subsection (7)(a) or (b).

    (9)   If an accessible copy which would be an infringing copy but for this section is subsequently dealt with—

(a)	it is to be treated as an infringing copy for the purposes of that dealing, and

(b)	if that dealing infringes copyright, is to be treated as an infringing copy for all subsequent purposes.

    (10)   In subsection (9), "dealt with" means sold or let for hire or offered or exposed for sale or hire or included in a broadcast or cable programme service.".'.

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Multiple copies for visually impaired persons

   

Rachel Squire
Melanie Johnson

NC2

To move the following Clause:—

'In the Copyright, Designs and Patents Act 1988 (c. 48), after section 31A insert—

    "31BMultiple copies for visually impaired persons    (1)   If an approved body has lawful possession of a copy ("the master copy") of the whole or part of—

(a)	a commercially published literary, dramatic, musical or artistic work; or

(b)	a commercially published edition,

it is not an infringement of copyright in the work, or in the typographical arrangement of the published edition, for the body to make, or supply, accessible copies for the personal use of visually impaired persons to whom the master copy is not accessible because of their impairment.

    (2)   Subsection (1) does not apply—

(a)	if the master copy is of a musical work, or part of a musical work, and the making of an accessible copy would involve recording a performance of the work or part of it; or

(b)	if the master copy is of a database, or part of a database, and the making of an accessible copy would infringe copyright in the database.

    (3)   Subsection (1) does not apply in relation to the making of an accessible copy if, or to the extent that, copies of the copyright work are commercially available, by or with the authority of the copyright owner, in a form that is accessible to the same or substantially the same degree.

    (4)   Subsection (1) does not apply in relation to the supply of an accessible copy to a particular visually impaired person if, or to the extent that, copies of the copyright work are commercially available, by or with the authority of the copyright owner, in a form that is accessible to that person.

    (5)   An accessible copy made under this section must be accompanied by—

(a)	a statement that it is made under this section; and

(b)	a sufficient acknowledgement.

    (6)   If an approved body charges for supplying a copy made under this section, the sum charged must not exceed the cost of making and supplying the copy.

    (7)   An approved body making copies under this section must, if it is an educational establishment, ensure that the copies will be used only for its educational purposes.

    (8)   If the master copy is in copy-protected electronic form, any accessible copy made of it under this section must, so far as it is reasonably practicable to do so, incorporate the same, or equally effective, copy protection (unless the copyright owner agrees otherwise).

    (9)   If an approved body continues to hold an accessible copy made under subsection (1) when it would no longer be entitled to make or supply such a copy under that subsection, the copy is to be treated as an infringing copy.

    (10)   If an accessible copy which would be an infringing copy but for this section is subsequently dealt with—

(a)	it is to be treated as an infringing copy for the purposes of that dealing, and

(b)	if that dealing infringes copyright, is to be treated as an infringing copy for all subsequent purposes.

    (11)   In subsection (10), "dealt with" means sold or let for hire or offered or exposed for sale or hire or included in a broadcast or cable programme service.

    (12)   "Approved body" means an educational establishment or a body that is not conducted for profit.

    (13)   "Supplying" includes lending.".'.

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Intermediate copies and records

   

Rachel Squire
Melanie Johnson

NC3

To move the following Clause:—

'In the Copyright, Designs and Patents Act 1988 (c. 48), after section 31B insert—

    "31CIntermediate copies and records    (1)   An approved body entitled to make accessible copies under section 31B may hold an intermediate copy of the master copy which is necessarily created during the production of the accessible copies, but only—

(a)	if and so long as the approved body continues to be entitled to make accessible copies of that master copy; and

(b)	for the purposes of the production of further accessible copies.

    (2)   An intermediate copy which is held in breach of subsection (1) is to be treated as an infringing copy.

    (3)   An approved body may lend or transfer the intermediate copy to another approved body which is entitled to make accessible copies of the work or published edition under section 31B.

    (4)   The loan or transfer by an approved body ("A") of an intermediate copy to another person ("B") is an infringement of copyright by A unless A has reasonable grounds for believing that B—

(a)	is another approved body which is entitled to make accessible copies of the work or published edition under section 31B; and

(b)	will only use the intermediate copy for the purposes of the production of further accessible copies.

    (5)   If an approved body charges for lending or transferring the intermediate copy, the sum charged must not exceed the cost of the loan or transfer.

    (6)   An approved body must—

(a)	keep records of accessible copies made under section 31B and of the persons to whom they are supplied;

(b)	keep records of any intermediate copy lent or transferred under this section and of the persons to whom it is lent or transferred; and

(c)	allow the copyright owner or a person acting for him, on giving reasonable notice, to inspect the records at any reasonable time.

    (7)   Within a reasonable time of making an accessible copy under section 31B, or lending or transferring an intermediate copy under this section, the approved body must—

(a)	notify each relevant representative body; or

(b)	if there is no such body, notify the copyright owner.

    (8)   A relevant representative body is a body which—

(a)	represents particular copyright owners, or owners of copyright in the type of copyright work concerned; and

(b)	has given notice to the Secretary of State of the copyright owners, or the classes of copyright owner, represented by it.

    (9)   The requirement to notify the copyright owner under subsection (7)(b) does not apply if it is not reasonably possible for the approved body to ascertain the name and address of the copyright owner.".'.

Prepared 1 May 2002