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| Page 52, line 12, leave out Clause 43. |
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| Clause 43, page 52, line 20, at end insert ‘subject to subsection (1A) below. |
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| | (1A) | The regulations may not authorise the grant of a licence in respect of works of |
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| | photography created after 1950.’. |
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| Clause 43, page 53, line 7, at end insert ‘, or |
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| | (c) | in respect of works of photography.’. |
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| Page 64, line 22, leave out Schedule 2. |
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| Clause 49, page 59, line 44, at end insert ‘and the entry in Schedule 3 relating to the |
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| Public Lending Right Act 1979 (and section 47 so far as it relates to that entry)’. |
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| Clause 50, page 60, line 3, leave out subsection (2). |
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| | Power to make provision about injunctions preventing access to locations on the internet |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State may by regulations make provision about the granting by |
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| | a court of a blocking injunction in respect of a location on the internet which the |
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| | court is satisfied has been, is being or is likely to be used for or in connection with |
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| | an activity that infringes copyright. |
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| | (2) | “Blocking injunction” means an injunction that requires a service provider to |
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| | prevent its service being used to gain access to the location. |
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| | (3) | The Secretary of State may not make regulations under this section unless |
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| | (a) | the use of the internet for activities that infringe copyright is having a |
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| | serious adverse effect on businesses or consumers, |
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| | (b) | making the regulations is a proportionate way to address that effect, and |
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| | (c) | making the regulations would not prejudice national security or the |
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| | prevention or detection of crime. |
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| | (4) | The regulations must provide that a court may not grant an injunction unless |
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| | satisfied that the location is— |
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| | (a) | a location from which a substantial amount of material has been, is being |
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| | or is likely to be obtained in infringement of copyright, |
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| | (b) | a location at which a substantial amount of material has been, is being or |
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| | is likely to be made available in infringement of copyright, or |
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| | (c) | a location which has been, is being or is likely to be used to facilitate |
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| | access to a location within paragraph (a) or (b). |
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| | (5) | The regulations must provide that, in determining whether to grant an injunction, |
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| | the court must take account of— |
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| | (a) | any evidence presented of steps taken by the service provider, or by an |
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| | operator of the location, to prevent infringement of copyright in the |
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| | (b) | any evidence presented of steps taken by the copyright owner, or by a |
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| | licensee of copyright in the qualifying material, to facilitate lawful access |
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| | to the qualifying material, |
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| | (c) | any representations made by a Minister of the Crown, |
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| | (d) | whether the injunction would be likely to have a disproportionate effect |
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| | on any person’s legitimate interests, and |
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| | (e) | the importance of freedom of expression. |
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| | (6) | The regulations must provide that a court may not grant an injunction unless |
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| | notice of the application for the injunction has been given, in such form and by |
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| | such means as is specified in the regulations, to— |
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| | (a) | the service provider, and |
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| | (b) | operators of the location. |
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| | (7) | The regulations may, in particular— |
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| | (a) | make provision about when a location is, or is not, to be treated as being |
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| | used to facilitate access to another location, |
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| | (b) | provide that notice of an application for an injunction may be given to |
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| | operators of a location by being published in accordance with the |
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| | (c) | provide that a court may not make an order for costs against the service |
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| | (d) | make different provision for different purposes, and |
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| | (e) | make incidental, supplementary, consequential, transitional, transitory or |
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| | (a) | modify Chapter 6 of Part 1 of the Copyright, Designs and Patents Act |
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| | (b) | make consequential provision modifying Acts and subordinate |
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| | (9) | Regulations under this section may not include provision in respect of |
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| | proceedings before a court in England and Wales without the consent of the Lord |
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| | (10) | Regulations under this section must be made by statutory instrument. |
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| | (11) | A statutory instrument containing regulations under this section may not be made |
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| | (a) | the Secretary of State has complied with section [Consultation and |
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| | Parliamentary scrutiny], and |
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| | (b) | a draft of the instrument has been laid before and approved by a |
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| | resolution of each House of Parliament. |
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| | |
| | “copyright owner” has the same meaning as in Part 1 of the Copyright, |
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| | Designs and Patents Act 1988; |
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| | “Minister of the Crown” has the same meaning as in the Ministers of the |
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| | “modify” includes amend, repeal or revoke; |
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| | “operator”, in relation to a location on the internet, means a person who has |
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| | editorial control over material available at the location; |
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| | “qualifying material”, in relation to an injunction, means the material taken |
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| | into account by the court for the purposes of provision made under |
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| | “service provider” has the same meaning as in section 97A of the Copyright, |
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| | Designs and Patents Act 1988; |
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| | “subordinate legislation” has the same meaning as in the Interpretation Act |
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| | (13) | In the application of this section to Scotland— |
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| | “injunction” means interdict.’. |
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| | Consultation and Parliamentary scrutiny |
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| To move the following Clause:— |
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| | ‘(1) | Before making regulations under section [Power to make provision about |
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| | injunctions preventing access to locations on the internet] the Secretary of State |
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| | (a) | the Lord President of the Court of Session and the Lord Chief Justice of |
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| | (b) | the persons that the Secretary of State thinks likely to be affected by the |
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| | regulations (or persons who represent such persons), and |
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| | (c) | such other persons as the Secretary of State thinks fit. |
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| | (2) | If, following the consultation under subsection (1), the Secretary of State |
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| | proposes to make regulations under section [Power to make provision about |
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| | injunctions preventing access to locations on the internet], the Secretary of State |
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| | must lay before Parliament a document that— |
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| | (a) | explains the proposal and sets it out in the form of draft regulations, |
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| | (b) | explains the reasons why the Secretary of State is satisfied in relation to |
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| | the matters listed in section [Power to make provision about injunctions |
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| | preventing access to locations on the internet](3)(a) to (c), and |
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| | (c) | contains a summary of any representations made during the consultation |
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| | (3) | During the period of 60 days beginning with the day on which the document was |
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| | laid under subsection (2) (“the 60-day period”), the Secretary of State may not lay |
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| | before Parliament a draft statutory instrument containing regulations to give |
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| | effect to the proposal (with or without modifications). |
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| | (4) | In preparing draft regulations under section [Power to make provision about |
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| | injunctions preventing access to locations on the internet] to give effect to the |
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| | proposal, the Secretary of State must have regard to any of the following that are |
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| | made with regard to the draft regulations during the 60-day period— |
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| | (a) | any representations, and |
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| | (b) | any recommendations of a committee of either House of Parliament |
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| | charged with reporting on the draft regulations. |
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| | (5) | When laying before Parliament a draft statutory instrument containing |
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| | regulations to give effect to the proposal (with or without modifications), the |
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| | Secretary of State must also lay a document that explains any changes made to |
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| | the proposal contained in the document laid before Parliament under subsection |
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| | (6) | In calculating the 60-day period, no account is to be taken of any time during |
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| | which Parliament is dissolved or prorogued or during which either House is |
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| | adjourned for more than 4 days.’. |
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| | Objective of sections 4 to 17 |
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| To move the following Clause:— |
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| | ‘The objective of the measures in sections 4 to 16 is to move to a lawful means of |
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| | access to copyright material for consumers and businesses and to reduce unlawful |
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| | file sharing and other forms of copyright infringement.’. |
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| Title, line 2, leave out from ‘copyright’ to ‘to’ in line 3 and insert ‘and about penalties for |
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| infringement of copyright and performers’ rights’. |
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| | Order of the House [6 April 2010] |
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| | That the following provisions shall apply to the Digital Economy Bill [Lords]: |
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| | 1. | The Bill shall be committed to a Committee of the whole House. |
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| | 2. | The order in which proceedings in the Committee of the whole House on the |
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| | Bill are taken shall be: Clauses 1 to 42, Schedule 1, Clause 43, Schedule 2, |
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| | Clauses 44 to 47, Schedule 3, Clauses 48 to 50, new Clauses, new Schedules, |
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| | remaining proceedings on the Bill. |
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| | 3. | Standing Order No. 83B (Programming committees) shall not apply to the |
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| | proceedings on the Bill in Committee of the whole House. |
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| | Consideration and Third Reading |
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| | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
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| | brought to a conclusion one hour before the moment of interruption on the |
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| | day on which those proceedings are commenced. |
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| | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | brought to a conclusion at the moment of interruption on that day. |
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| | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | proceedings on consideration and Third Reading. |
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| | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | consideration of any Message from the Lords) may be programmed. |
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