Digital Economy Bill [HL]

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Digital Economy Bill [HL]

Digital Economy Bill [HL]
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(6)
A statutory instrument containing such regulations is subject to
annulment in pursuance of a resolution of either House of Parliament,
but that is subject to subsection (7).
(7)
Subsection (8) applies to a statutory instrument containing any of the
following—
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(a)
the first regulations made under section 116A;
(b)
the first regulations made under section 116B;
(c)
the first regulations made under paragraph 1 of Schedule A1;
(d)
the first regulations made under paragraph 4 of Schedule A1;
(e)
regulations under sections 116A to 116D or Schedule A1
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amending any provision of this Part.
(8)
The statutory instrument may not be made unless a draft of the
instrument has been laid before and approved by a resolution of each
House of Parliament.”
(2)
Schedule 2 (which inserts Schedule A1 to the 1988 Act and makes provision in
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relation to performers’ property rights corresponding to provision made by
this section in relation to copyright) has effect.
(3)
In the 1988 Act insert in the appropriate places—
(a)
in section 179 (index of defined expressions in Part 1)—

“missing copyright
section 116C”;

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owner (in relation to an

orphan work)

“orphan work
section 116C”;

(b)
in section 212 (index of defined expressions in Part 2)—

“missing rights owner (in
paragraph 1C of Schedule 2A”;

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relation to orphan rights)

“orphan right
paragraph 1C of Schedule 2A”.

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Increase of penalties relating to infringing articles or illicit recordings
(1)
The Copyright, Designs and Patents Act 1988 is amended as follows.
(2)
In section 107 (criminal liability for making or dealing with infringing articles
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etc.) in subsections (4)(a) and (4A)(a) for “the statutory maximum” substitute
“£50,000”.
(3)
In section 198 (criminal liability for making, dealing with or using illicit
recordings) in subsections (5)(a) and (5A)(a) for “the statutory maximum”
substitute “£50,000”.
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Public lending right
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Public lending right
(1)
Section 5(2) of the Public Lending Right Act 1979 (interpretation) is amended
as follows.

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(2)
Before the definition of “local library authority” insert—
““author”, in relation to a work recorded as a sound recording,
includes a producer or narrator;
“book” includes—
(a)
a work recorded as a sound recording and consisting
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mainly of spoken words (an “audio-book”), and
(b)
a work, other than an audio-book, recorded in electronic
form and consisting mainly of (or of any combination of)
written or spoken words or still pictures (an “e-book”);
“lent out”—
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(a)
means made available to a member of the public for use
away from library premises for a limited time, but
(b)
does not include being communicated by means of
electronic transmission to a place other than library
premises,
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and “loan” and “borrowed” are to be read accordingly;
“library premises” has the meaning given in section 8(7) of the
Public Libraries and Museums Act 1964;”.
(3)
After the definition of “prescribed” insert—
““producer” has the meaning given in section 178 of the
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Copyright, Designs and Patents Act 1988;”.
(4)
At the end of the definition of “the register” omit “and”.
(5)
After the definition of “the Registrar” insert—
““sound recording” has the meaning given in section 5A(1) of the
Copyright, Designs and Patents Act 1988.”
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(6)
The Copyright, Designs and Patents Act 1988 is amended as follows.
(7)
In section 40A (permitted acts in relation to copyright works: lending of copies
by libraries or archives), for subsection (1) substitute—
“(1)
Copyright in a work of any description is not infringed by the following
acts by a public library in relation to a book within the public lending
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right scheme—
(a)
lending the book;
(b)
in relation to an audio-book or e-book, copying or issuing a
copy of the book as an act incidental to lending it.
(1A)
In subsection (1)—
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(a)
“book”, “audio-book” and “e-book” have the meanings given in
section 5 of the Public Lending Right Act 1979,
(b)
“the public lending right scheme” means the scheme in force
under section 1 of that Act,
(c)
a book is within the public lending right scheme if it is a book
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within the meaning of the provisions of the scheme relating to
eligibility, whether or not it is in fact eligible, and
(d)
“lending” is to be read in accordance with the definition of “lent
out” in section 5 of that Act (and section 18A of this Act does not
apply).”
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(8)
In Schedule 2, in paragraph 6B (permitted acts in relation to performances:
lending of copies by libraries or archives)—

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(a)
at the beginning insert—
   “(A1)
The rights conferred by this Chapter are not infringed by the
following acts by a public library in relation to a book within
the public lending right scheme—
(a)
lending the book;
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(b)
in relation to an audio-book or e-book, copying or
issuing a copy of the book as an act incidental to
lending it.
     (A2)
Expressions used in sub-paragraph (A1) have the same
meaning as in section 40A(1).”;
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(b)
in sub-paragraph (2), for “this paragraph” substitute “sub-paragraph
(1)”.
General
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Power to make consequential provision etc
(1)
The Secretary of State may by regulations made by statutory instrument make
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incidental, supplementary, consequential, transitional, transitory or saving
provision in connection with the amendments made by this Act.
(2)
The regulations may—
(a)
make different provision for different purposes,
(b)
modify an Act passed before or in the same Session as this Act or
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subordinate legislation made before this Act is passed, and
(c)
where they are made in connection with an amendment made by
section 28 or by a provision listed in section 49(3), modify a provision
of an Act passed, or subordinate legislation made, before the day on
which that amendment comes into force.
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(3)
A statutory instrument containing regulations under this section that amend or
repeal a provision of an Act may not be made unless a draft of the instrument
has been laid before, and approved by a resolution of, each House of
Parliament.
(4)
Any other statutory instrument containing regulations under this section is
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subject to annulment in pursuance of a resolution of either House of
Parliament.
(5)
In this section—
“modify” includes amend, repeal or revoke;
“subordinate legislation” has the same meaning as in the Interpretation
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Act 1978.
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Repeals
Schedule 3 (repeals) has effect.
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Extent
(1)
This Act extends to England and Wales, Scotland and Northern Ireland.
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(2)
An amendment of the following enactments that is made by this Act may be
extended to any of the Channel Islands or the Isle of Man under the relevant
extending power—
(a)
Part 1 of the Copyright, Designs and Patents Act 1988;
(b)
the Broadcasting Act 1990;
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(c)
the Broadcasting Act 1996;
(d)
the Communications Act 2003;
(e)
the Wireless Telegraphy Act 2006.
(3)
“Relevant extending power” means—
(a)
in relation to amendments of Part 1 of the Copyright, Designs and
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Patents Act 1988, section 157(2) of that Act;
(b)
in relation to amendments of the Broadcasting Act 1990, section 204(6)
of that Act;
(c)
in relation to amendments of the Broadcasting Act 1996, section 150(4)
of that Act;
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(d)
in relation to amendments of the Communications Act 2003, section
411(6) of that Act;
(e)
in relation to amendments of the Wireless Telegraphy Act 2006, section
118(3) of that Act.
(4)
The power conferred by section 157(2)(c) of the Copyright, Designs and Patents
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Act 1988 (power to extend to British overseas territories) is exercisable in
relation to any amendment made by this Act to Part 1 of that Act.
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Commencement
(1)
This Act comes into force at the end of the period of two months beginning
with the day on which it is passed, but this is subject to—
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(a)
section 28(8), and
(b)
subsections (2) and (3).
(2)
The following come into force on the day on which this Act is passed—
(a)
sections 6, 7, 8, 16 and 17(1),
(b)
sections 31 to 33, and
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(c)
this section and sections 48 and 50.
(3)
The following come into force on such day as the Secretary of State may by
order made by statutory instrument appoint—
(a)
sections 19 to 21,
(b)
section 30 and the entries in Schedule 3 relating to sections 183A and
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184 of the Broadcasting Act 1990 and Schedule 15 to the
Communications Act 2003 (and section 47 so far as it relates to those
entries),
(c)
sections 41(2), (3), (5) and (6) and 42(1), paragraphs 2 to 4, 6 to 9 and
10(2) of Schedule 1 (and section 42(2) so far as it relates to those
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provisions) and the entries in Schedule 3 relating to sections 2, 4 and 22
of the Video Recordings Act 1984 (and section 47 so far as it relates to
those entries), and
(d)
section 45.
(4)
The Secretary of State may appoint different days for different purposes.
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