NOTICES OF AMENDMENTS
given up to and including
Wednesday 2nd July 2003
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
LEGAL DEPOSIT LIBRARIES BILL, AS AMENDED
NEW CLAUSES
Exemption from liability: deposit of publications etc.
Chris Mole
NC1
*To move the following Clause:—
'(1) The delivery by a person, pursuant to section 1, of a copy of a work is to be taken—
| (a) | not to breach any contract relating to any part of the work to which that person is a party, and |
| (b) | not to infringe copyright, publication right or database right in relation to any part of the work or any patent. |
(2) Subsection (1) applies to the delivery, pursuant to regulations under section 6, of a copy of a computer program or material within section 6(2)(b) as it applies to the delivery of a copy of a work pursuant to section 1.'.
Exemption from liability: activities in relation to publications
Chris Mole
NC2
*To move the following Clause:—
'(1) A deposit library, or a person acting on its behalf, is not liable in damages, or subject to any criminal liability, for defamation arising out of the doing by a relevant person of an activity listed in section 7(1A) in relation to a copy of a work delivered under section 1.
(2) Subsection (1) does not apply to the liability of a deposit library where—
| (a) | it knows, or in the case of liability in damages it knows of facts or circumstances from which it ought to know, that the copy contains a defamatory statement, and |
| (b) | it has had a reasonable opportunity since obtaining that knowledge to prevent the doing of the activity in relation to the copy. |
(3) Where, pursuant to section 1, a person (in this section, "the publisher") has delivered a copy of a work to an address specified by a deposit library, the publisher is not liable in damages, or subject to any criminal liability, for defamation arising out of the doing by a relevant person of an activity listed in section 7(1A) in relation to the copy.
(4) Subsection (3) does not apply where—
| (a) | the publisher knows, or in the case of liability in damages the publisher knows of facts or circumstances from which it ought to know, that the copy contains a defamatory statement, and |
| (b) | it has had a reasonable opportunity since obtaining that knowledge to inform the library of the matter, facts or circumstances known to it and has not done so. |
(5) Where a work is published on the internet, subsection (6) applies to a copy of the work if—
| (a) | the work is of a description prescribed by regulations under this subsection, |
| (b) | the publication of the work on the internet, or a person publishing it there, is connected with the United Kingdom in a manner so prescribed, and |
| (c) | the copy was made by a deposit library or person acting on its behalf copying the work from the internet in accordance with any conditions so prescribed. |
(6) Where this subsection applies to a copy of a work—
| (a) | no person other than the library is liable in damages, or subject to any criminal liability, for defamation arising out of the doing by a relevant person of an activity listed in section 7(1A) in relation to the copy, and |
| (b) | subsections (1) and (2) apply in relation to the doing of an activity in relation to the copy as they apply in relation to the doing of the activity in relation to a copy of a work delivered under section 1. |
(7) In this section—
| (a) | "relevant person" has the same meaning as in section 7; |
| (b) | references to activities listed in section 7(1A) are references to those activities whether or not done in relation to relevant material (as defined in section 7); |
| (c) | references to a deposit library include references to the Faculty of Advocates. |
(8) The Secretary of State may by regulations provide for this section, as it applies in relation to liability in damages and criminal liability for defamation, to apply in relation to liability (including criminal liability) of any description prescribed in the regulations, subject to such modifications as may be prescribed.
(9) Where this section applies to the doing of an activity in relation to a copy of a work it also applies to the doing of the activity in relation to a copy (at any remove) of that copy.
(10) Nothing in this section imposes liability on any person.'.
Legal liability
Mr Malcolm Moss
NC3
*To move the following Clause—
'(1) A deposit library or person acting on its behalf is not liable for damages or for any other pecuniary remedy or for any criminal sanction for carrying out any of the activities mentioned in section 7 (1A) in relation to a copy of a work delivered under section 1.
(2) Subsection (1) only applies to the liability of a deposit library where it—
| (a) | does not have actual knowledge of unlawful activity or information and, where a claim for damages is made, is not aware of facts or circumstances from which it would have been apparent to the library that the activity or information was unlawful; and |
| (b) | upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information. |
(3) A person (in this section, "the publisher") who, pursuant to section 1, has delivered a copy of a work to a deposit library is not liable for damages or for any other pecuniary remedy or for any criminal sanction arising out of any of the activities mentioned in section 7(1A) relating to that copy.
(4) Where a work of a description prescribed by regulations under this subsection has been copied, in accordance with such conditions as may be prescribed, from the internet by a deposit library or person acting on its behalf—
| (a) | no person other than the library is as a result of the accessing of that copy, and |
| (b) | sub-sections (1) and (2) apply in relation to the accessing of that copy as they apply in relation to the accessing of a copy of a work delivered under section 1. |
(6) Where this section applies to the accessing of a copy of a work it also applies to the accessing of a copy (at any remove) of that copy.
(7) Nothing in this section imposes liability on any person.
(8) In the case of legal publications, this section applies as if the Faculty of Advocates were, and the authority controlling the National Library of Scotland were not, a deposit library.'
Limitations on application
Mr Malcolm Moss
NC 4
*To move the following Clause—
'(1) In the case of a work published on line which is of a description prescribed under section 1(4), this Act applies only if subsection (2) or (3) applies.
(2) This subsection applies if the work is first published from the United Kingdom by—
| (b) | a natural person resident in the United Kingdom, or |
| (c) | a body (including a partnership) using a fixed establishment in the United Kingdom. |
(3) The presence and use of the technical means and technologies required to provide the information society service, do not, in themselves, constitute an establishment of the provider.
(4) The Secretary of State may be regulations amend subsection (2) or (3).'.
Preservation and access
Mr Christopher Chope
Mr Edward Leigh
NC5
*To move the following Clause:—
'It shall be the duty of a deposit library to preserve every item deposited under the provisions of this Act and to ensure that the public can gain access on reasonable notice to any such deposited item.'.
Chris Mole
1
*Page 4, line 3 [Clause 6], leave out subsections (3) and (4).
Mr Christopher Chope
Mr Edward Leigh
25
*Page 4, line 5 [Clause 6], leave out subsection (4).
Mr Christopher Chope
Mr Edward Leigh
24
*Page 4, line 7 [Clause 6], at end insert—
'(5) Regulations under this section may not be made so as to apply to works published on line which do not contribute to the national intellectual, cultural or scientific record.'.
Chris Mole
2
*Page 4, line 9 [Clause 7], leave out 'use' and insert 'do any of the activities listed in subsection (1A) in relation to'.
Mr Simon Thomas
23
*Page 4, line 9 [Clause 7], at end insert 'except for the purpose of making archive copies.'.
Chris Mole
3
*Page 4, line 9 [Clause 7], at end insert—
'(1A) The activities are—
| (a) | using the material (whether or not such use necessarily involves the making of a temporary copy of it); |
| (b) | copying the material (other than by making a temporary copy where this is necessary for the purpose of using the material); |
| (c) | in the case of relevant material comprising or containing a computer program or database, adapting it; |
| (d) | lending the material to a third party (other than lending by a deposit library to a reader for use by the reader on library premises controlled by the library); |
| (e) | transferring the material to a third party; |
| (f) | disposing of the material.'. |
Chris Mole
4
*Page 4, line 10 [Clause 7], leave out 'the use by'.
Chris Mole
5
*Page 4, line 11 [Clause 7], leave out 'of' and insert 'to do any of the activities listed in subsection (1A) in relation to'.
