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Digital Economy Bill [HL]


AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Fourth Marshalled List]


 

After Clause 17

 

VISCOUNT BRIDGEMAN

214ZA*Insert the following new Clause—
  "Right to bring action
  Nothing in any procedure provided for in sections 4 to 17 shall prejudice the ability of an individual author or, as the case may be, performer to bring an action for breach of copyright or a moral right, nor to recover costs in such actions."
 

Clause 21

 

BARONESS HOWE OF IDLICOTE

 

BARONESS BONHAM-CARTER OF YARNBURY

 

[In substitution for Amendment 232]

231A*Page 23, line 26, leave out "in particular" and insert "including by providing access to information and views from around the world and"
 

After Clause 32

 

LORD GORDON OF STRATHBLANE

241B*Insert the following new Clause—
  "Local radio ownership
(1)  The Media Ownership (Local Radio and Appointed News Provider) Order 2003 is amended as follows.
(2)  In Article 5, paragraph (1), for "two" substitute "six".
(3)  Omit from "licence" in paragraph (1) of Article 5 to end of Article 9."
 

Clause 42

 

VISCOUNT BRIDGEMAN

256ZA*Page 46, line 10, at end insert—
"(   )  Regulations under subsection (1) shall only provide for authorising a licensing body that represents a substantial number of authors or, as appropriate, performers of the type of works for which the licence is to be granted."
259A*Page 46, line 13, at end insert—
"(   )  The regulations shall provide that no such licence may be granted unless the would-be licensee demonstrates to the licensing body that they have undertaken a diligent search for authors, performers and other holders of rights in each work for which a licence is sought, including the making of detailed enquiries to relevant institutions and rights holders in the same or similar fields."
275A*Page 46, line 35, at end insert "provided that graphic works and photographic works as defined in section 4(2) shall be excluded from the regulations"
276A*Page 46, line 35, at end insert—
"(   )  Regulation under subsection (1) shall only provide for authorising a licensing body that represents a substantial number of authors or, as appropriate, performers of the type of works for which the licence is to be granted."
280A*Page 46, line 39, at end insert—
"(   )  The regulations may authorise the grant of a licence only to a public library as defined in section 178 (or its wholly owned subsidiary) and not for the benefit of any commercial partner of such a library."
282A*Page 47, line 12, at end insert "necessary to the implementation of the powers conferred by sections 116A and 116B and Schedule A1"
 

LORD CLEMENT-JONES

 

LORD RAZZALL

 The above-named Lords give notice of their intention to oppose the Question that Clause 42 stand part of the Bill.
 

After Clause 42

 

VISCOUNT BRIDGEMAN

 

LORD CLEMENT-JONES

292A*Insert the following new Clause—
  "Metadata
(1)  The Copyright, Designs and Patents Act 1988 is amended as follows.
(2)  In section 296ZG (electronic rights management information)—
(a)  after subsection (3) insert—
"(3A)  This section also applies where a person (F), knowingly and without authority, distributes, imports for distribution or communicates to the public or makes available to the public any device, product or component, or provides services which are designed or promoted to remove or alter electronic rights management information."
(b)  after subsection (4) insert—
"(4A)  A person D or E or F shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.""
 

LORD CLEMENT-JONES

 

VISCOUNT BRIDGEMAN

292B*Insert the following new Clause—
  "Effect of electronic rights management information material gathered by an automated process
(1)  The Copyright, Designs and Patents Act 1988 (the "1988 Act") is amended as follows.
(2)  After section 296ZG (electronic rights management information) insert—
"296ZHEffect of electronic rights management information material                         gathered by an automated process
(1)  This section applies where electronic rights management information is associated with a copy of a copyright work, or appears in connection with the communication to the public of a copyright work, and a person (G) in the course of a business makes a copy of, or performs, any other restricted act in relation to that work by an automated process.
(2)  If the conditions in subsection (3) are satisfied, G is deemed to have notice of the contents of that electronic rights management information ("the information") for all purposes relating to his further use of, or access to, the copyright work.
(3)  Those conditions are that—
(a)  it is reasonably practicable for G to instruct the equipment or software which conducts the automated process to recognise, read and interpret the information;
(b)  the meaning of the information may be ascertained from published standards which G knows about or ought to know about; and
(c)  the meaning of the information is sufficiently clear that it is reasonably practicable to instruct G's equipment or software to comply with any restrictions contained in the information regarding the further use of, or access to, the copyright work.
(4)  Where, apart from this section, G would be regarded in law as having notice of any of the information, nothing in this section prevents F from having such notice.
(5)  Subsections (1) to (4), and any other provisions of this Act as it has effect for the purposes of those subsections, apply, with any necessary adaptations, to rights in performances, publication rights and database right.
(6)  Section 296ZG(7) (definition of certain expressions) extends to this section.""
 

VISCOUNT BRIDGEMAN

292C*Insert the following new Clause—
  "Moral rights
(1)  The Copyright, Designs and Patents Act 1988 (the "1988 Act") is amended as follows.
(2)  For section 78 (requirement that right be asserted) substitute—
"78Moral rights
(1)  The rights conferred by this Chapter (moral rights) are—
(a)  exercisable without formality in unpublished works,
(b)  exercisable without formality in works made available to the public after this section comes into force.
(2)  There shall be no cause of action for omission of attribution in re-publication of a work that was legitimately made available before the commencement of this section, unless the rights conferred by this Chapter were asserted at the time."
(3)  In section 79 (exceptions to right)—
(a)  at the end of subsection 3 insert "except in the case of works created after section (Moral rights) of the Digital Economy Act 2010 comes into force",
(b)  omit subsection (5), and
(c)  omit paragraph (6)(a).
(4)  In section 81 (exceptions to right)—
(a)  omit subsection (3), and
(b)  omit paragraph (4)(b).
(5)  For section 205D (requirement that right be asserted) substitute—
"205DRequirement that right be asserted
(1)  The right conferred by section 205C shall be exercisable without formality.
(2)  There shall be no cause of action for omission of attribution in re-publication of a work that was legitimately made available before the commencement date of this section, unless the rights conferred by Chapter IV (moral rights) were asserted at the time."
(7)  In section 205G (exceptions to right) omit subsection (2).
 

Clause 44

 

LORD CLEMENT-JONES

 

LORD RAZZALL

300*Page 48, line 18, at end insert—
"(c)  applies only to one loan to one reader at a time of each copy of the work held by the library concerned,"

 
 
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20 January 2010