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Digital Economy Bill [HL]

Digital Economy Bill [HL]
Schedule 2 — Licensing of copyright and performers’ property rights
Part 2 — Performers’ property rights




4     (1)  

The Secretary of State may by regulations require a licensing body

to which regulations under any other provision of this Schedule

apply to pay fees to the Secretary of State.


The aggregate amount of fees payable under the regulations must


not be more than the cost to the Secretary of State of administering

the operation of regulations under this Schedule.”

Part 2

Performers’ property rights


In Schedule 2A to the Copyright, Designs and Patents Act 1988 (licensing of


performers’ property rights) after paragraph 1 insert—

“Additional licensing and regulation

1A    (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,

an act to which section 182A, 182B, 182C or 182CA applies




the performer’s consent would otherwise be required

under that section, but


the right to authorise or prohibit the act is an orphan right.


An authorisation or licence under the regulations in favour of any


person must not preclude any authorisation or licence in favour of

another person.


The regulations may provide for the treatment of royalties or other

sums paid in respect of an authorisation or licence, including—


the deduction of administrative costs;



the period for which sums must be held for the owner of a

performer’s property rights;


the treatment of sums after that period (as bona vacantia or



The regulations may provide for determining the rights and


obligations of any person if a right ceases to be an orphan right.


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.



In this Part references to a right as or as ceasing to be an orphan

right are to be read in accordance with regulations made by the

Secretary of State.


Regulations under sub-paragraph (6) may operate by reference to

guidance published from time to time by any person.


1B    (1)  

The Secretary of State may by regulations provide for authorising

a licensing body to grant performers’ property right licences

(within the meaning of paragraph 1) in relation to a performer’s


Digital Economy Bill [HL]
Schedule 3 — Repeals



property rights where the rights owner is not the body or a person

on whose behalf the body acts.


The regulations may not authorise the grant of a licence—


in respect of an unpublished recording, or


in respect of rights excluded by notice given by the rights


owner in accordance with the regulations.


Sub-paragraphs (2) to (5) of paragraph 1A apply to regulations

under this paragraph (but sub-paragraphs (3)(b) and (c) and (4)

apply only in relation to orphan rights).


Schedule A1 applies for the purposes of paragraphs 1A and 1B as


it applies for the purposes of sections 116A and 116B, as if

references to copyright were references to performers’ property


1D    (1)  

The powers conferred by paragraphs 1A and 1B include in

particular power—



to make incidental, supplementary or consequential



to make different provision for different purposes;


to make provision amending this Part;


to extend or restrict the jurisdiction of the Copyright




The power to make regulations under paragraphs 1A and 1B is

exercisable by statutory instrument.


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 sub-paragraph (4).


Where the regulations amend this Part, a statutory instrument

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.”


Schedule 3

Section 46




Short title and chapter

Extent of repeal


Public Lending Right Act 1979

In section 5(2), the word “and” at the end of the


(c. 10)

definition of “the register”.




Video Recordings Act 1984

Section 2(1)(c) (and the word “or” before it).


(c. 39)

Section 4(6).


Section 8(2) and (3).


In section 22(1), the word “and” at the end of the


definition of “business”.




Broadcasting Act 1990 (c. 42)

Section 14(7).


In section 106(1A), the word “or” at the end of


paragraph (c).


Digital Economy Bill [HL]
Schedule 3 — Repeals



Short title and chapter

Extent of repeal


Broadcasting Act 1990 (c. 42)—

Section 183A(7)(a) and (b).



Section 184.


Communications Act 2003

In section 218(7), the words after paragraph (b).


(c. 21)

Section 221.




Section 224(3).


In section 314(1)(a), the words from “but” to


“that case”.


In Schedule 15, paragraph 63 and the preceding






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