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back to previous amendments
| 252 | Page 52, line 10, leave out sub-paragraphs (3) and (4) |
| 253 | Page 52, line 15, leave out sub-paragraph (4) |
| 254 | Page 52, line 19, leave out sub-paragraph (5) |
| 255 | Page 53, line 14, leave out paragraph 4 |
| | BARONESS HOWE OF IDLICOTE |
| 255A* | Insert the following new Clause— |
| "Duty to verify age for online purchases of age-restricted goods and services |
| (1) | A company, organisation or individual which is engaged in the sale or provision by means of any electronic communications networks of age-restricted goods and services shall have in place a clearly identifiable and robust age verification scheme to determine that the person purchasing or otherwise obtaining access to such goods and services meets the specifications of the relevant age restriction. |
| (2) | In this section "electronic communications networks" has the meaning given by section 32 of the Communications Act 2003 (meaning of electronic communications networks and services). |
| (3) | Any company, organisation or individual which fails to comply with the provisions of subsection (1) commits an offence and shall be liable on summary conviction to a fine not exceeding the statutory maximum." |
| 256 | Page 46, line 8, leave out "or other person" |
| 257 | Page 46, line 11, leave out "in favour of any person" |
| 258 | Page 46, line 13, after "another" insert "authorised licensing body or the copyright owner" |
| 259 | Page 46, line 13, leave out "person" |
| 260 | Page 46, line 14, leave out "may" and insert "shall" |
| 261 | Page 46, line 16, after "of" insert "reasonable" |
| 262 | Page 46, line 17, after first "the" insert "minimum" |
| 263 | Page 46, line 19, leave out "(as bona vacantia or otherwise)" and insert "in accordance with a scheme of distribution approved by the copyright owners represented by the licensing body" |
| 264 | Page 46, line 21, leave out "may" and insert "shall" |
| 265 | Page 46, line 21, leave out "determining the rights and obligations of any person" and insert "the licensing body to indemnify the licensee against any liability incurred by him by reason of his having infringed copyright by doing any act authorised by the licence" |
| 266 | Page 46, line 22, at end insert "and for providing maxima in respect of the period during which any claim by a returning copyright owner of an orphan work may be brought and the damages or other remedies that may be sought for any infringement" |
| 267 | Page 46, line 23, leave out "may" and insert "shall" |
| 268 | Page 46, line 24, leave out "person's" and insert "licensing body" |
| 269 | Page 46, line 26, leave out "a work as or as ceasing to be" and insert "— |
| (a) | a licensing body shall mean a body managing rights of the same category as the rights to be licensed and being a body owned or controlled by, and genuinely representative of, the copyright owners of the same type of works as the works being licensed; and |
| 270 | Page 46, line 26, at end insert "shall mean a work in which copyright subsists and where the copyright owner (or, where there is more than one owner of a copyright in the work, at least one of those copyright owners) remains unidentified or untraceable following diligent searches in accordance with subsection (7) and a reference to a work ceasing to be an orphan work shall be construed accordingly" |
| 271 | Page 46, leave out lines 27 and 28 |
| 272 | Page 46, line 29, leave out from "(6)" to end of line 30 and insert "shall require the person seeking a licence to have searched for the copyright owner with all due diligence and in accordance with best practice for the class of orphan work in question before applying for or being granted a licence (or both)" |
| 273 | Page 46, line 30, at end insert "representing both public and private interests" |
| 274 | Page 46, line 34, at end insert "licensing" |
| 275 | Page 46, line 35, after "the" insert "licensing" |
| 276 | Page 46, line 35, at end insert— |
| "( ) | The Secretary of State may only authorise a licensing body under subsection (1) if the licensing body has adopted a code of practice under Schedule A1." |
| 277 | Page 46, leave out line 37 |
| 278 | Page 46, leave out lines 38 and 39 |
| 279 | Page 46, line 38, after "rights" insert "specifically" |
| 280 | Page 46, line 39, at end insert ", or |
| ( ) | in respect of works other than orphan works, unless the Secretary of State has consulted, to the extent practicable, the copyright owners appearing to the Secretary of State to be likely to be affected" |
| 281 | Page 46, line 41, leave out "and (c)" |
| 282 | Page 46, line 42, at end insert— |
| "( ) | The Secretary of State must, within one year of the day on which the Digital Economy Act 2010 is passed, bring forward proposals under this section in respect of music, film and broadcast works in electronic form." |
| 283 | Page 47, leave out line 13 |
| 284 | Page 47, line 23, at end insert— |
| "116E | Registry of copyright |
| (1) | OFCOM shall maintain on the web a registry of other websites where copyright material may be located. |
| (2) | OFCOM shall, at the request of the website owner, add a website to the registry if that website complies with OFCOM's rules for such additions as are then in force. |
| (3) | The rules under subsection (2) shall require— |
| (a) | that each copyright work on the site may be readily identified from information openly provided on that site, |
| (b) | that accurate and complete information on how to licence each copyright work is provided on that site, |
| (c) | that each copyright work on that site is available for licence, and that there are arrangements in place for binding arbitration of disputes relating to the extent or the cost of a licence, |
| (d) | that the architecture of the site allows the search facilities that OFCOM provides under subsection (4) full access. |
| (4) | OFCOM shall maintain, and may charge for the use of, facilities to enable a user to establish whether a copyright work of a given description exists in any of the websites listed on the registry maintained under this section, and to provide a certificate of what such works exist or that no such work is to be found. |
| (5) | No claim may be made under section 116A that a work is an orphan work if a certificate under subsection (4) has not beeen obtained."" |
| 285 | Insert the following new Clause— |
| (1) | The Copyright, Designs and Patents Act 1988 is amended as follows. |
| (2) | In section 17, at the end insert— |
| "(7) | Where a person acquires the right to use a copyright work in electronic form for his personal use, he also acquires the right to copy that work into other electronic formats for his personal use. |
| (8) | Regulations may specify a sum upon payment of which the Registrar of Public Lending Right or a Licensing Scheme may grant a person the rights in subsection (7) in respect of works acquired by him before the coming into force of this section."" |
| 286 | Insert the following new Clause— |
| "Artists' right to re-market |
| (1) | The Copyright, Designs and Patents Act 1988 is amended as follows. |
| (2) | After section 18A insert— |
| "18B | Artists' right to re-market (1) |
| (1) | The orginal creator of copyright work may compel the copyright owner to licence him to market the work in electronic form if— |
| (a) | two years after the first publication of the work, it is not available in all common current electronic formats in all geographical regions, or |
| (b) | five years after its creation, it has not been published. |
| (2) | A licence under this section shall be on the terms that the copyright owner receives 50 per cent of the gross proceeds of any sale, while the copyright creator receives the balance and pays all associated costs. |
| (3) | A licence under this section shall require the creator to sell the work at a price not less than could be obtained by the copyright owner if he sold the work in the market and in the format specified. |
| (4) | Any dispute as to the price described in subsection (3) shall be settled by binding arbitration, with neither party being required to pay costs in excess of £1,000."" |
| 287 | Insert the following new Clause— |
| "Artists' right to re-market (2) |
| (1) | The Copyright, Designs and Patents Act 1988 is amended as follows. |
| (2) | After section 18A insert— |
| "18B | Artists' right to re-market (2) |
| (1) | The orginal creator of copyright work may compel the copyright owner to licence him to market the work in electronic form if five years have passed since its creation. |
| (2) | A license under this section shall be on the terms that the copyright owner receives 50 per cent of the gross proceeds of any sale, while the copyright creator receives the balance and pays all associated costs. |
| (3) | A licence under this section shall require the creator to sell the work at a price not less than could be obtained by the copyright owner if he sold the work in the market and in the format specified. |
| (4) | Any dispute as to the price described in subsection (3) shall be settled by binding arbitration, with neither party being required to pay costs in excess of £1,000."" |
| 288 | Insert the following new Clause— |
| "Fees for retransmission and delayed transmission of copyright material |
| (1) | In the Copyright, Designs and Patents Act 1988, after section 75 insert— |
| (1) | Where a person provides a service which in part consists of material which is simultaneously, or approximately simultaneously, available as a free-to-air broadcast, that person shall pay to the copyright owner a prescribed rental. |
| (2) | OFCOM shall prescribe the rental from time to time. |
| (3) | The initial rental shall be £0.001 per customer per hour of material transmitted. |
| 75B | Delayed transmission fees |
| (1) | Where copyright material that has been transmitted over a free-to-air broadcast more than seven days previously is made available in another format, the copyright owner shall be entitled to a prescribed fee. |
| (2) | OFCOM shall prescribe the fee from time to time. |
| (3) | The initial fee shall be £0.10 per customer per hour of material made available."" |
| 289 | Insert the following new Clause— |
| | In the Copyright, Designs and Patents Act 1988, after section 17 insert— |
| "17A | Implied licence to copy |
| (a) | copies or otherwise acquires a copy of a copyright work in electronic form under circumstances where it would be reasonable for him to assume that no payment was to be made to the copyright owner, |
| (b) | notifies a Licensing Scheme that he has done so in the manner provided for by that Licensing Scheme, and |
| (c) | makes the payments to the Licensing Scheme that are required by this section, |
| | shall be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question. |
| (2) | A Licensing Scheme may provide for a scale of charges to apply. |
| (3) | The charges made under subsection (2) shall be no greater than the sums which the copyright owner might expect to receive had he granted such a licence himself, or as he actually receives from the sale of such licences in the ordinary course of his trade. |
| (4) | The approval of the Copyright Tribunal shall be required for any scale of charges established unde subsection (2)."" |
| 290 | Insert the following new Clause— |
| | In the Copyright, Designs and Patents Act 1988, after section 90 insert— |
| "90A | Transfer of rights in exchange for equity or other rights in a business |
| | Where a copyright owner of a work in electronic form sells or licenses all or part of that copyright in exchange for equity or any other interest in another company or business, the original artist or any person who would have been entitled to share in the cash proceeds from the sale or licensing of the copyright, shall equally be entitled to share in any security or business for which the copyright interest is exchanged or licensed."" |
| 291 | Insert the following new Clause— |
| "Compulsory licensing of recorded music to be made available via the internet |
| (1) | The Copyright, Designs and Patents Act 1988 is amended as follows. |
| (2) | After section 116E insert— |
| "116F | Compulsory licensing of recorded music to be made available via the internet |
| (1) | The making available of any sound recording, or any literary or musical work embodied in a sound recording, by use of the internet shall be treated as licensed by the copyright owner subject only to the payment of such reasonable royalty or other payment as may be agreed or determined in default of agreement by the Copyright Tribunal. |
| (2) | Subsection (1) shall not apply if, or to the extent that, there is a licensing scheme certified for the purposes of this section under section 143 of this Act providing for the grant of licences."" |
| 292 | Insert the following new Clause— |
| "Protection of search engines from liability for copyright infringement |
| (1) | The Copyright, Designs and Patents Act 1988 is amended as follows. |
| (2) | After section 116F (as inserted by section (Compulsory licensing of recorded music to be made available via the internet)) insert— |
| "116G | Protection of search engines from liability for copyright infringement |
| (1) | Every provider of a publicly accessible website shall be presumed to give a standing and non-exclusive license to providers of search engine services to make a copy of some or all of the content of that website, for the purpose only of providing said search engine services. |
| (2) | The presumption referred to in subsection (1) may be rebutted by explicit evidence that such a licence was not granted. |
| (3) | Such explicit evidence shall be found only in the form of statements in a machine-readable file to be placed on the website and accessible to providers of search engine services. |
| (4) | A provider of search engine services who acts in accordance with this section shall not be liable for any breach of copyright in respect of the actions described in subsection (1)."" |
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