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back to previous amendments
| 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)."" |
| 293 | Page 55, leave out lines 37 and 38 |
| 294 | Page 55, line 38, at end insert— |
| "( ) | The regulations shall also have regard to the interests of copyright owners when establishing the requirements with which the licensing body shall comply having due regard to the cost of such compliance and the extent to which it is reasonable to compel compliance with the code of practice." |
| 295 | Page 56, line 9, leave out "or" and insert "and" |
| 296 | Page 56, line 12, leave out ", prospective licensees or the public" and insert "or prospective licensees" |
| 297 | Page 56, line 17, leave out from beginning to "procedures" in line 18 |
| 298 | Page 56, line 22, leave out "or other person" |
| 299 | Page 56, line 25, leave out "person" and insert "licensing body" |
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