S.C.F.

Amendment Paper as at
Wednesday 4th June 2003

STANDING COMMITTEE F

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LEGAL DEPOSIT LIBRARIES BILL

   

Mr Malcolm Moss

10

Clause     2,     page     2,     line     12,     after 'determined', insert 'by the publisher and'.

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Chris Mole

1

Clause     3,     page     2,     line     18,     before '"the' insert 'in this section,'.

   

Mr Malcolm Moss

11

Clause     3,     page     2,     line     21,     leave out subsections (2) and (3) and insert—

    '( )   If a pubisher fails to comply with this section, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale and the fine shall be paid to the British Library Board or authority to whom the book ought to have been delivered.'.

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Mr Malcolm Moss

12

Clause     5,     page     3,     line     2,     leave out 'is entitled to' and insert 'may request'.

   

Mr Malcolm Moss

13

Clause     5,     page     3,     line     3,     leave out 'which it requests' and insert—

       'The publisher may only refuse such request in exceptional circumstances where it considers on reasonable grounds that to comply with that request would be inconsistent with the criteria set out in section (Technical Advisory Committee) (4).'.

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Chris Mole

2

Clause     6,     page     3,     line     20,     leave out from 'may' to 'works' in line 21 and insert 'make regulations supplementing sections 1 and 2 as they apply to'.

   

Chris Mole

3

Clause     6,     page     4,     line     2,     at end insert—

    '( )   Regulations under this section may not be made unless the Secretary of State has considered the impact of those regulations on persons who publish works of a description prescribed in the regulations.'.

   

Mr Malcolm Moss

14

Clause     6,     page     4,     line     2,     at end insert—

    '(4)   Regulations under this section shall contain appropriate obligations on the part of a deposit library, or person acting on its behalf, to maintain in place adequate technical and organisational measures to ensure the secure and confidential storage of the data and content to be deposited.'.

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Chris Mole

4

Page     4,     line     3,     leave out Clause 7.

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Mr Malcolm Moss

15

Clause     8,     page     5,     line     19,     leave out subsection (7) and insert—

    '(7)   Regulations under this Act may not be made unless the Secretary of State has consulted the Technical Advisory Committee in accordance with section 9(3) and he is satisfied, and the Technical Advisory Committee has advised him that it is satisfied, that the Regulations—

(a)	are proportionate to what is sought to be achieved by them in respect of the preservation of the national intellectual archive;

(b)	are practicable and not excessive for the publisher required to comply with those Regulations; and

(c)	do not conflict with the normal exploitation of any work, or category of work, to which this Act applies or would unreasonably prejudice the legitimate interests of the owner(s) of the copyright or any rights of a similar nature in any such work;'.

   

Chris Mole

5

Clause     8,     page     5,     line     23,     at end insert—

    '( )   Regulations under this Act which confer an entitlement on the authority controlling the Library of Trinity College, Dublin may not be made unless the Secretary of State is satisfied that the restrictions on use of relevant material imposed by the laws of Ireland are not substantially less restrictive than those imposed by the laws of any part of the United Kingdom.'.

   

Chris Mole

6

Clause     8,     page     5,     line     27,     at end insert—

    '( )   In this section "relevant material" has the same meaning as in section (Use of non-print publications).'

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Chris Mole

7

Clause     9,     page     5,     leave out lines 32 and 33.

   

Chris Mole

8

Clause     9,     page     6,     line     5,     leave out from '"publication"' to end of line 6 and insert—

       ' , in relation to a work—

(a)	means the issue of copies of the work to the public, and

(b)	includes making the work available to the public by means of an electronic retrieval system;

       and related expressions are to be interpreted accordingly;'.

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Chris Mole

9

Clause     10,     page     6,     line     17,     leave out '1(1)' and insert '1'.

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NEW CLAUSES

Use of non-print publications

   

Chris Mole

NC1

To move the following Clause:—

    '(1)   Subject to subsection (2), a relevant person may not use relevant material.

    (2)   The Secretary of State may by regulations make provision permitting the use by relevant persons of relevant material, subject to such conditions as may be prescribed.

    (3)   Regulations under this section may in particular make provision about—

(a)	the purposes for which relevant material may be used;

(b)	the time at which or the circumstances in which readers may first use relevant material;

(c)	the description of readers who may use relevant material;

(d)	the limitations on the number of readers who may use relevant material at any one time (whether by limiting the number of terminals in a deposit library from which readers may at any one time access an electronic publication or otherwise).

    (4)   In this section—

(a)	"reader" means a person who, for the purposes of research or study and with the permission of a deposit library, is on library premises controlled by it;

(b)	"relevant material" means—

(i)	a copy delivered under section 1 of a work published in a medium other than print;

(ii)	a copy delivered pursuant to regulations under section 6 of a computer program or material within section 6(2)(b);

(c)	"relevant person" means—

(i)	a deposit library or person acting on its behalf;

(ii)

a reader;

(d)	references to using relevant material include references to copying it and, in the case of a computer program or database, adapting it;

(e)	references to a deposit library include references to the Faculty of Advocates.

    (5)   A contravention of this section is actionable at the suit of a person who suffers loss as a result of the contravention, subject to the defences and other incidents applying to actions for breach of statutory duty.'

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Use of non-print publications: copyright etc.

   

Chris Mole

NC2

To move the following Clause:—

    '(1)   In Chapter 3 of Part 1 of the 1988 Act (acts permitted in relation to copyright works), after section 44 insert—

    "44ALegal deposit libraries    (1)   Copyright is not infringed by the doing of anything in relation to relevant material permitted to be done under regulations under section (Use of non-print publications) of the Legal Deposit Libraries Act 2003 (in this section, "the 2003 Act").

    (2)   The Secretary of State may by regulations make provision excluding, in relation to prescribed activities done in relation to relevant material, the application of such of the provisions of this Chapter as are prescribed.

    (3)   Regulations under subsection (2) may in particular make provision about—

(a)	anything done by prescribed descriptions of reader,

(b)	anything done in relation to prescribed descriptions of relevant material,

(c)	prescribed descriptions of activities done in relation to relevant material,

(d)	such descriptions of such activites done other than in accordance with conditions prescribed in the regulations.

    (4)   Regulations under this section may make different provision for different purposes.

    (5)   Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursaunce of a resolution of either House of Parliament.

    (6)   In this section—

(a)	"reader" and "relevant material" have the same meaning as in section (Use of non-print publications) of the 2003 Act;

(b)	"prescribed" means prescribed by regulations made by the Secretary of State."

    (2)   In Part III of the Copyright and Rights in Databases Regulations 1997 (S.I. 1997/3032) (database right), after Regulation 20 insert—

"Exceptions to database right: deposit libraries

20A. (1)

Database right in a database is not infringed by the doing of anything in relation to relevant material permitted to be done under regulations under section (Use of non-print publications) of the Legal Deposit Libraries Act 2003 (in this Regulation, "the 2003 Act").

(2)	Regulations under section 44A(2) of the 1988 Act exclude the application of paragraph (1) in relation to prescribed activities in relation to relevant material as (and to the extent that) they exclude the application of section 44A(1) of that Act in relation to those activities.

(3)	In this Regulation, "relevant material" has the same meaning as in section (Use of non-print publications) of the 2003 Act.".'.

Prepared 4 Jun 2003