Amendments proposed to the Legal Deposit Libraries Bill - continued	House of Commons
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Chris Mole

6

Page     4,     line     14     [Clause     7],     at end insert 'or copied'.

   

Chris Mole

7

Page     4,     line     30     [Clause     7],     at end insert—

'(iii)

a copy of a work to which section (Exemption from liability: activities in relation to publications)(6) applies;

(iv)	a copy (at any remove) of anything within any of sub-paragraphs (i) to (iii);'.

   

Chris Mole

8

Page     4,     line     34     [Clause     7],     leave out paragraph (d).

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Chris Mole

9

Page     5,     line     3     [Clause     8],     at beginning insert—

    '( )   Copyright is not infringed by the copying of a work from the internet by a deposit library or person acting on its behalf if—

(a)	the work is of a description prescribed by regulations under section (Exemption from liability: activities in relation to publications)(5) of the 2003 Act,

(b)	its publication on the internet, or a person publishing it there, is connected with the United Kingdom in a manner so prescribed, and

(c)	the copying is done in accordance with any conditions so prescribed.'.

   

Chris Mole

10

Page     5,     line     5     [Clause     8],     leave out from first 'the' to end of line 6 and insert '2003 Act'.

   

Chris Mole

11

Page     5     [Clause     8],     leave out lines 11 to 18 and insert 'prescribing activities—

(a)	done for a prescribed purpose,

(b)	done by prescribed descriptions of reader,

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

(d)	done other than in accordance with prescribed conditions.'.

   

Chris Mole

12

Page     5,     line     24     [Clause     8],     at end insert—

'( )	"the 2003 Act" means the Legal Deposit Libraries Act 2003;'.

   

Chris Mole

13

Page     5,     line     25     [Clause     8],     at beginning insert '"deposit library",'.

   

Chris Mole

14

Page     5,     line     32     [Clause     8],     at beginning insert—

'( )	Database right in a database is not infringed by the copying of a work from the internet by a deposit library or person acting on its behalf if—

(a)   the work is of a description prescribed by regulations under section (Exemption from liability: activities in relation to publications)(5) of the 2003 Act,

(b)   its publication on the internet, or a person publishing it there, is connected with the United Kingdom in a manner so prescribed, and

(c)   the copying is done in accordance with any conditions so prescribed.'.

   

Chris Mole

15

Page     5,     line     34     [Clause     8],     leave out from 'the' to end of line 35 and insert '2003 Act'.

   

Chris Mole

16

Page     5,     line     41     [Clause     8],     leave out ', "relevant material" has' and insert '—

( )   "the 2003 Act" means the Legal Deposit Libraries Act 2003;

( )   "deposit library" and "relevant material" have'.

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Chris Mole

19

To move that Clause 9 be divided into three Clauses, the first consisting of subsections (1), (7) to (7C) and (9) (Regulations: general), the second of subsections (2) to (6) (Regulations: Scotland and Wales) and the third of subsections (8) and (10) (Regulations: Trinity College, Dublin).

   

Chris Mole

17

Page     6,     line     38     [Clause     9],     at end insert—

    '(7A)   Regulations under section 1(4) or 6 may not be made so as to apply to works published before the regulations are made.

    (7B)   Regulations under section 1(4) or 6 may not be made unless the Secretary of State considers that the costs likely to be incurred as a result of the regulations by persons who publish works to which the regulations relate are not disproportionate to the benefit to the public arising from the delivery of copies of such works.

    (7C)   Regulations under section 1(4), 6, 7 or (Exemption from liability: activities in relation to publications)(5) may not be made unless the Secretary of State considers that the regulations do not unreasonably prejudice the interests of persons who publish works to which the regulations relate.'.

As Amendments to Mr Chris Mole's amendment (No. 17)

   

Estelle Morris

(a)

*Line     3,     after '1(4)', insert ', 2'.

   

Estelle Morris

(b)

*Line     8,     after '1(4)', insert ', 2'.

   

Mr Malcolm Moss

22

Page     6,     line     38     [Clause     9],     at end insert—

    '(7A)   Regulations under this Act may not be made—

(a)	so as to apply to works published before the regulations are made;

(b)	unless the Secretary of State considers that the costs likely to be incurred as a result of the regulations by persons who publish works to which the regulations relate are not disproportionate to the benefit to the public arising from the delivery of copies of such works, or

(c)	the Secretary of State considers that the regulations do not unreasonably prejudice the interests of persons who publish works to which the regulations relate.'.

   

Chris Mole

18

Page     6,     line     41     [Clause     9],     leave out from 'satisfied' to end of line 43 and insert ', in relation to relevant material delivered pursuant to such an entitlement—

( )	that as regards the restriction by section 7 (having regard to any regulations made under that section) of activities in relation to relevant material, the restriction of those activities under the laws of Ireland is not substantially less,

( )	that as regards the protection under the laws of any part of the United Kingdom of copyright, publication right, database right and patents in relation to relevant material, the protection under the laws of Ireland of corresponding rights is not substantially less, and

( )

that as regards the protection from liability under subsections (3) and (4) of section (Exemption from liability: activities in relation to publications) (or those subsections as applied by regulations under that section), the protection under the laws of Ireland in relation to corresponding liability is not substantially less.'.

   

Mr Malcolm Moss

21

Page     6,     line     47     [Clause     9],     at end insert—

    '(9A)   Regulations may not be made under this Act that would require a publisher to act in breach of any contractual terms entered into with a third party residing outside the United Kingdom.'.

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Chris Mole

20

Page     7,     line     5     [Clause     10],     at end insert—

'"database right" has the meaning given by regulation 13(1) of the Copyright and Rights in Databases Regulations 1997 (S.I. 1997/3032);'.

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Prepared 4 Jul 2003