Digital Economy Bill [HL]

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Digital Economy Bill [HL]

Digital Economy Bill [HL]
Schedule 2 — Licensing of copyright and performers’ property rights
Part 2 — Performers’ property rights
57

Fees
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.
      (2)
The aggregate amount of fees payable under the regulations must
5
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
2
In Schedule 2A to the Copyright, Designs and Patents Act 1988 (licensing of
10
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
15
where—
(a)
the performer’s consent would otherwise be required
under that section, but
(b)
the right to authorise or prohibit the act is an orphan right.
      (2)
An authorisation or licence under the regulations in favour of any
20
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—
(a)
the deduction of administrative costs;
25
(b)
the period for which sums must be held for the owner of a
performer’s property rights;
(c)
the treatment of sums after that period (as bona vacantia or
otherwise).
      (4)
The regulations may provide for determining the rights and
30
obligations of any person if a right ceases to be an orphan right.
      (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.
35
      (6)
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.
      (7)
Regulations under sub-paragraph (6) may operate by reference to
guidance published from time to time by any person.
40
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
58

property rights where the rights owner is not the body or a person
on whose behalf the body acts.
      (2)
The regulations may not authorise the grant of a licence—
(a)
in respect of an unpublished recording, or
(b)
in respect of rights excluded by notice given by the rights
5
owner in accordance with the regulations.
      (3)
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).
1C
Schedule A1 applies for the purposes of paragraphs 1A and 1B as
10
it applies for the purposes of sections 116A and 116B, as if
references to copyright were references to performers’ property
rights.
1D    (1)
The powers conferred by paragraphs 1A and 1B include in
particular power—
15
(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
20
Tribunal.
      (2)
The power to make regulations under paragraphs 1A and 1B is
exercisable by statutory instrument.
      (3)
A statutory instrument containing such regulations is subject to
annulment in pursuance of a resolution of either House of
25
Parliament, but that is subject to sub-paragraph (4).
      (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.”
30
Schedule 3
Section 46

Repeals

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”.

35

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”.

40

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
59

Short title and chapter
Extent of repeal

Broadcasting Act 1990 (c. 42)—
Section 183A(7)(a) and (b).

cont.
Section 184.

Communications Act 2003
In section 218(7), the words after paragraph (b).

(c. 21)
Section 221.

5

Section 224(3).

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

“that case”.

In Schedule 15, paragraph 63 and the preceding

heading.

10