Digital Economy Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

After Clause 8

 

LORD LUCAS

129Insert the following new Clause—
  "Remedy for groundless threats of copyright infringement proceedings
(1)  The Copyright, Designs and Patents Act 1988 is amended as follows.
(2)  After section 169 insert—
"169ARemedy for groundless threats of infringement proceedings
(1)  Where a person threatens another person with proceedings for infringement of copyright, a person aggrieved by the threats may bring an action against him claiming—
(a)  a declaration to the effect that the threats are unjustifiable;
(b)  an injunction against the continuance of the threats;
(c)  damages in respect of any loss which he has sustained by the threats.
(2)  If the claimant proves that the threats were made and that he is a person aggrieved by them, he is entitled to the relief claimed unless the defendant shows that the acts in respect of which proceedings were threatened did constitute, or if done would have constituted, an infringement of the copyright concerned.
(3)  Mere notification that work is protected by copyright does not constitute a threat of proceedings for the purposes of this section.
(4)  A copyright infringement report within the meaning of section 124A(3) of the Communications Act 2003, if notified to a subscriber under section 124A(4) of that Act, does constitute a threat of proceedings for the purposes of this section.""
 

Clause 9

 

LORD WHITTY

130Page 11, line 40, after "copyright" insert "through peer-to-peer filesharing networks"
131Page 12, line 7, at end insert "through peer-to-peer filesharing networks"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

132Page 12, line 7, at end insert—
"(   )  an assessment of the current level of subscribers' use of internet access services to obtain lawful access to copyright works;"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

133Page 12, line 10, after "owners" insert ", OFCOM and the UK Intellectual Property Office"
 

LORD LUCAS

134Page 12, line 12, at end insert—
"(   )  an assessment of the measures needed to encourage competition in electronic communications services provided over electronic communications networks;"
135Page 12, line 22, leave out "and"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

136Page 12, line 22, at end insert—
"(   )  an assessment of the extent to which any such proceedings against subscribers have been successful;
(   )  an assessment of the extent to which the process for copyright clearance in the United Kingdom has improved;
(   )  an assessment of the extent to which the legislation has had an impact on the adoption by subscribers of broadband services in the United Kingdom;"
 

LORD LUCAS

137Page 12, line 22, at end insert—
"(   )  an assessment of the economic effect of sections 124A to 124E on copyright owners generally, having particular regard to those industries for which the ownership or exploitation of copyright forms a substantial part of their economic activity; and"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

138Page 12, line 31, at end insert—
"(   )  The Secretary of State must lay before both Houses of Parliament a copy of every full report."
139Page 12, line 31, at end insert—
"(   )  The Secretary of State may by order remove the obligation from OFCOM under subsection (3) to produce interim reports."
 

Clause 10

 

LORD LUCAS

140Page 12, line 35, at beginning insert "After the passage of two calendar years from the coming into force of this section,"
141Page 12, line 35, at beginning insert "After the receipt of a report from OFCOM on the effectiveness of the regime established by sections 124A to 124F of this Act, commissioned not less than two calendar years from the coming into force of this section,"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

142Page 12, line 35, after "State" insert ", having regard to the progress reports prepared by OFCOM under section 124F,"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

143Page 12, line 35, after "may" insert ", after having received OFCOM's first full report under section 124F,"
144Page 12, line 37, at end insert "and report as such to the Secretary of State"
 

BARONESS MILLER OF CHILTHORNE DOMER

145Page 12, leave out line 38
 

LORD RAZZALL

 

LORD CLEMENT-JONES

146Page 12, leave out lines 38 to 40
 

BARONESS MILLER OF CHILTHORNE DOMER

147Page 12, line 39, leave out "or steps"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

148Page 12, line 40, at end insert—
"(   )  Any technical obligations imposed must be accompanied by an assessment of their impact on individuals, copyright holders and internet service providers."
 

LORD WHITTY

149Page 12, line 43, at end insert "by reason of their infringing copyright through use of a peer-to-peer filesharing network"
 

BARONESS MILLER OF CHILTHORNE DOMER

150Page 12, leave out lines 45 and 46
151Page 13, leave out lines 1 and 2
 

LORD LUCAS

152Page 13, line 2, at end insert "(but any such measure may not involve the reconstruction of a subscriber's traffic)"
153Page 13, line 3, after "service" insert "for a defined period of time"
154Page 13, line 3, after "subscriber;" insert—
"(   )  requires the payment of an additional fee by the subscriber for the maintenance of unrestricted internet access, which is to be remitted to a licencing body established under the Copyright, Designs and Patents Act 1988;"
 

BARONESS MILLER OF CHILTHORNE DOMER

155Page 13, leave out line 4
 

LORD RAZZALL

 

LORD CLEMENT-JONES

156Page 13, line 5, leave out "and steps"
 

BARONESS MILLER OF CHILTHORNE DOMER

 

LORD LUCAS

157Page 13, line 6, after "(1)" insert "must"
158Page 13, line 6, leave out ", in particular"
 

LORD WHITTY

159Page 13, line 8, at end insert "consumer groups, the judiciary,"
 

LORD LUCAS

160Page 13, line 9, after "or" insert "groups representative of subscribers, and"
161Page 13, line 10, after "likely" insert "proportionality, objective justification and"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

162Page 13, line 11, after "service;" insert—
"(   )  an assessment of the cost of a technical measure in relation to a particular type of internet access service;"
163Page 13, line 11, after "service;" insert—
"(   )  an assessment of any impact on providers of internet-based services;"
164Page 13, line 11, after "service;" insert—
"(   )  an assessment of the extent to which copyright infringement notices and litigation using evidence obtained in copyright infringement lists has been unsuccessful in significantly reducing the level of copyright infringement using internet services;
(   )  consideration of the findings of reports prepared by OFCOM under section 124F;"
 

LORD RAZZALL

 

LORD CLEMENT-JONES

165Page 13, leave out line 12
 

LORD LUCAS

166Page 13, line 12, at end insert—
"(   )  an assessment as to whether any measures that OFCOM recommends are compatible with the Human Rights Act 1998, show due respect for the principle of presumption of innocence and the right to privacy, and guarantee a prior fair and impartial procedure"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

167Page 13, line 12, at end insert—
"(4A)  When making an assessment under this section OFCOM may identify particular technical measures.
(4B)  For each technical measure identified under subsection (4A), OFCOM shall include in its report an assessment of—
(a)  the technical capability of internet service providers to comply with an obligation to introduce the technical measure;
(b)  the likely economic impact of the obligation on internet service providers in the United Kingdom;
(c)  the likely impact of the technical measure on communications services and information society services in the United Kingdom;
(d)  the degree to which copyright infringement is likely to be reduced by the introduction of the technical measure; and
(e)  such other factors as appear to OFCOM to be relevant in a cost-benefit analysis."
 

BARONESS MILLER OF CHILTHORNE DOMER

168Page 13, line 12, at end insert—
"(   )  OFCOM may make a recommendation that the Secretary of State consider introducing a technical measure identified in this section."
 

LORD RAZZALL

 

LORD CLEMENT-JONES

169Page 13, leave out lines 13 to 15
 

LORD LUCAS

170Page 13, line 13, after "providers" insert "and copyright owners"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

171Page 13, line 15, at end insert—
"(   )  The Secretary of State shall lay any report made by OFCOM under this section before both Houses of Parliament as soon as practicable after it is received."
 

LORD LUCAS

172Page 13, line 17, at end insert—
"(7)  In carrying out an assessment under subsection (1), OFCOM must consider whether—
(a)  there are arrangements in place for the wholesale licensing of copyright works for distribution on the internet which are fair, reasonable and comprehensive; and
(b)  the market in which copyright works are sold to the public via the internet is properly functioning.
(8)  OFCOM must recommend that no technical measures are adopted by the Secretary of State unless it is satisfied itself of subsection(7)(a) and (b).""
 

Clause 11

 

LORD LUCAS

173Page 13, line 22, leave out "the Secretary of State" and insert "OFCOM"
 

BARONESS MILLER OF CHILTHORNE DOMER

174Page 13, line 23, leave out from "appropriate" to end of line 26 and insert "following a recommendation from OFCOM under section 124G"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

175Page 13, line 25, leave out "or" and insert "and"
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

 

LORD RAZZALL

 

LORD CLEMENT-JONES

176Page 13, leave out line 26
 

LORD RAZZALL

 

LORD CLEMENT-JONES

177Page 13, line 28, at end insert—
"(   )  An order under this section must not be made until at least a year after the digital Economy Act 2010 has been passed."
 

LORD LUCAS

178Page 13, line 33, at end insert—
"(   )  An order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament."
179Page 13, line 33, at end insert—
"(   )  The order shall require copyright owners to recompense internet service providers for the costs incurred as a result of the imposition of the technical obligation."
 

LORD RAZZALL

 

LORD CLEMENT-JONES

180Page 13, line 33, at end insert—
"(   )  An order under this section must be made by statutory instrument.
(   )  Before making any order under this section, the Secretary of State must consult such persons who the Secretary of State thinks likely to be affected by the order, or who represent any of those persons, as the Secretary of State thinks fit.
(   )  A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament."
 

BARONESS MILLER OF CHILTHORNE DOMER

181Page 13, line 33, at end insert—
"(   )  An order made under this section shall expire three years after it comes into force, unless it is renewed."
 

LORD LUCAS

 

BARONESS MILLER OF CHILTHORNE DOMER

182Page 13, line 33, at end insert—
"(4)  An order made under this section shall expire three years after it comes into force, unless it is renewed.
(5)  At any time prior to the expiry of an order made under this section the Secretary of State may direct OFCOM to make—
(a)  an assessment of the effect of an order made under this section; and
(b)  a recommendation as to whether the order should be renewed.
(6)  When directing OFCOM to carry out an assessment or make a recommendation under subsection (5), the Secretary of State may also direct OFCOM to—
(a)  consult copyright owners, internet service providers, subscribers or any other person;
(b)  carry out an assessment of the likely efficacy of a technical measure in relation to a particular type of internet access service; and
(c)  take steps to prepare a proposed technical obligations code.
(7)  In making an assessment under subsection (5)(a), OFCOM shall include in its report an assessment of any directions given under subsection (6)(b).
(8)  The Secretary of State must lay before Parliament a report made under subsection (5) as soon as practicable after it is received.
(9)  At any time prior to the expiry of an order made under this section the Secretary of State may renew that order for successive periods of three years following a recommendation from OFCOM."

 
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©Parliamentary copyright 2010
6 January 2010