Digital Economy Bill [HL]

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Digital Economy Bill [HL]

Digital Economy Bill [HL]
45

(a)
the video works authority is responsible for making
arrangements under this Act in respect of the allocated video
games, and
(b)
the video games authority ceases to be responsible for making
such arrangements.
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(3)
An allocation—
(a)
must be made by a notice, and
(b)
may be withdrawn at any time by a notice given by the video
games authority with the consent of the video works authority.
(4)
When making or withdrawing an allocation under this section, the
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video games authority must have regard to any guidance issued by the
Secretary of State.
(5)
A notice under this section must be—
(a)
sent to the Secretary of State, and
(b)
published in such manner as the video games authority
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considers appropriate.
(6)
A question as to which designated authority is responsible for making
arrangements in respect of a video game may be conclusively
determined by the video games authority.
4ZC
Designated authorities: video works included in video games
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(1)
The video games authority may make such arrangements in respect of
video works included in video games as it considers are necessary for
the purposes of fulfilling its responsibilities in respect of video games.
(2)
Where there are two designated authorities, the arrangements made by
the video games authority under section 4 must, to the extent that the
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video games authority considers appropriate, include either or both of
the following—
(a)
arrangements for having regard to any classification certificate
issued by the video works authority in respect of a video work
included in a video game;
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(b)
arrangements for obtaining and having regard to a
determination by the video works authority as to the suitability
of all or part of a video work included in a video game.
(3)
For the purpose of determining the extent to which arrangements
described in subsection (2)(a) or (b) are appropriate, the video games
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authority must—
(a)
consult the video works authority, and
(b)
have regard to any guidance issued by the Secretary of State.
(4)
In this section, “suitability” means suitability for the issue of a
classification certificate or suitability for the issue of a classification
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certificate of a particular description.”
(2)
Schedule 1 (which contains further amendments of the Video Recordings Act
1984) has effect.

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Copyright and performers’ property rights: licensing and penalties
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Extension and regulation of licensing of copyright and performers’ rights
(1)
In the Copyright, Designs and Patents Act 1988 (the “1988 Act”) after section
116 insert—
“Additional licensing and regulation
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116A
Licensing of orphan works
(1)
The Secretary of State may by regulations provide for authorising a
licensing body or other person to do, or to grant licences to do, acts in
relation to an orphan work which would otherwise require the consent
of the copyright owner.
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(2)
An authorisation or licence under the regulations in favour of any
person must not preclude any authorisation or licence in favour of
another person.
(3)
The regulations may provide for the treatment of royalties or other
sums paid in respect of an authorisation or licence, including—
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(a)
the deduction of administrative costs;
(b)
the period for which sums must be held for the copyright
owner;
(c)
the treatment of sums after that period (as bona vacantia or
otherwise).
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(4)
The regulations may provide for determining the rights and obligations
of any person if a work ceases to be an orphan work.
(5)
The regulations may provide for the Secretary of State to determine
whether any requirement of the regulations for a person’s becoming or
remaining authorised has been met or ceased to be met.
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(6)
In this Part references to a work as or as ceasing to be an orphan work
are to be read in accordance with regulations made by the Secretary of
State.
(7)
Regulations under subsection (6) may operate by reference to guidance
published from time to time by any person.
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116B
Extended licensing schemes
(1)
The Secretary of State may by regulations provide for authorising a
licensing body to grant copyright licences (within the meaning of
section 116) in respect of works in which copyright is not owned by the
body or a person on whose behalf the body acts.
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(2)
The regulations may not authorise the grant of a licence—
(a)
in respect of an unpublished work, or
(b)
in respect of rights excluded by notice given by the copyright
owner in accordance with the regulations.
(3)
Subsections (2) to (5) of section 116A apply to regulations under this
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section (but subsections (3)(b) and (c) and (4) apply only in relation to
an orphan work).

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116C
Regulation and enforcement
Schedule A1 confers powers to provide for—
(a)
codes of practice relating to licensing bodies, and
(b)
the regulation of licensing bodies and of other persons
authorised under section 116A or 116B.
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116D
General
(1)
Nothing in section 116B or Schedule A1 applies in relation to Crown
copyright or Parliamentary copyright.
(2)
The powers conferred by sections 116A and 116B and Schedule A1
include in particular power—
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(a)
to make incidental, supplementary or consequential provision;
(b)
to make different provision for different purposes;
(c)
to make provision amending this Part;
(d)
to extend or restrict the jurisdiction of the Copyright Tribunal.
(3)
The power to make regulations under sections 116A and 116B and
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Schedule A1 is exercisable by statutory instrument.
(4)
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 (5).
(5)
Where the regulations amend this Part, a statutory instrument
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containing them 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
relation to performers’ property rights corresponding to provision made by
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this section in relation to copyright) has effect.
(3)
In the 1988 Act insert in the appropriate place—
(a)
in section 179 (index of defined expressions in Part 1)—

“orphan work
section 116A(6)”;

(b)
in section 212 (index of defined expressions in Part 2)—
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“orphan right
paragraph 1A(6) 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
etc.) in subsections (4)(a) and (4A)(a) for “the statutory maximum” substitute
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“£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.
(2)
Before the definition of “local library authority” insert—
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““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
mainly of spoken words (an “audio-book”), and
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(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”—
(a)
means made available to a member of the public for use
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away from library premises for a limited time, but
(b)
does not include communicated by means of electronic
transmission to a place other than library premises,
and “loan” and “borrowed” are to be read accordingly;
“library premises” has the meaning given in section 8(7) of the
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Public Libraries and Museums Act 1964;”.
(3)
After the definition of “prescribed” insert—
““producer” has the meaning given in section 178 of the
Copyright, Designs and Patents Act 1988;”.
(4)
At the end of the definition of “the register” omit “and”.
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(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.”
(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
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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
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.
(1A)
In subsection (1)—
(a)
“book”, “audio-book” and “e-book” have the meanings given in
section 5 of the Public Lending Right Act 1979,
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(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
within the meaning of the provisions of the scheme relating to
eligibility, whether or not it is in fact eligible, and
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(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).”
(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 27 or by a provision listed in section 48(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.