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back to previous amendments
| 105 | Page 16, line 44, after "provider" insert "or copyright owner on whom the penalty is imposed" |
| 106 | Page 17, line 1, after "provider" insert "or owner" |
| 107 | Page 17, line 4, after "provider" insert "or owner" |
| 108 | Page 17, line 18, at end insert— |
| "( ) | For the purposes of clarity, the order specified in subsection (1) may not share any costs with subscribers notified under section 124A." |
| 109 | Page 17, line 23, leave out from "to" to end of line 24 and insert "a subscriber appeal or a further appeal by a subscriber to the First-tier Tribunal, the subscriber." |
| | BARONESS HOWE OF IDLICOTE |
| 110 | Page 17, line 29, at end insert— |
| "( ) | payment by an internet service provider of a contribution towards the costs that a copyright owner incurs in generating copyright infringement reports" |
| 111 | Page 18, line 40, at end insert— |
| | ""subscriber appeal" means— |
| (a) | in relation to an initial obligations code, an appeal by a subscriber on grounds specified in the code in relation to— |
| (i) | the making of a copyright infringement report; |
| (ii) | notification under section 124A(4); |
| (iii) | the inclusion or proposed inclusion of an entry in a copyright infringement list; or |
| (iv) | any other act or omission in relation to an initial obligation or an initial obligations code; |
| (b) | in relation to a technical obligations code, an appeal by a subscriber on grounds specified in the code in relation to— |
| (i) | the proposed taking of a technical measure; or |
| (ii) | any other act or omission in relation to a technical obligation or a technical obligations code;" |
| 113 | Page 19, line 12, after "amend" insert "Chapter 6 of" |
| 114 | Page 19, leave out line 26 |
| 115 | Page 19, line 33, at end insert ", or |
| ( ) | to require payment of a sum, other than a fee to cover any of the costs of the performance of a function" |
| 116 | Page 19, line 40, at end insert— |
| "(aa) | before, during or after that consultation, the Secretary of State has considered an independent report on whether the infringement is having a serious adverse effect on businesses or consumers;" |
| 117 | Page 20, line 1, after "consultation" insert "and consideration of that report" |
| 118 | Page 20, line 4, at end insert— |
| "( ) | In subsection (9)(aa) "independent report" means a report made to the Secretary of State for the purposes of this section by a person who is independent of the Secretary of State." |
| 119 | Page 20, line 6, after "302A(9)" insert "and consideration of the report mentioned in section 302A(9)(aa)" |
| 120 | Page 20, line 18, at end insert— |
| "( ) | have annexed to it the report mentioned in section 302A(9)(aa);" |
| 120A* | Leave out Clause 17 and insert the following new Clause— |
| | "Preventing access to specified online locations for the prevention of online copyright infringement |
| | In Part 1 of the Copyright, Designs and Patents Act 1988, after section 97A insert— |
| "97B | Preventing access to specified online locations for the prevention of online copyright infringement |
| (1) | The High Court (in Scotland, the Court of Session) shall have power to grant an injunction against a service provider, requiring it to prevent access to online locations specified in the order of the Court for the prevention of online copyright infringement. |
| (2) | In determining whether to grant an injunction under subsection (1), the Court shall have regard to the following matters— |
| (a) | whether a substantial proportion of the content accessible at or via each specified online location infringes copyright, |
| (b) | the extent to which the operator of each specified online location has taken reasonable steps to prevent copyright infringement content being accessed at or via that online location or taken reasonable steps to remove copyright infringing content from that online location (or both), |
| (c) | whether the service provider has itself taken reasonable steps to prevent access to the specified online location, |
| (d) | any issues of national security raised by the Secretary of State. |
| (e) | the extent to which the copyright owner has made reasonable efforts to facilitate legal access to content, |
| (f) | the importance of preserving human rights, including freedom of expression, and the right to property, and |
| (g) | any other matters which appear to the Court to be relevant. |
| (3) | An application for an injunction under subsection (1) shall be made on notice to the service provider and to the operator of each specified online location in relation to which an injunction is sought and to the Secretary of State. |
| (a) | the Court grants an injunction under subsection (1) upon the application of an owner of copyright whose copyright is infringed by the content accessible at or via each specified online location in the injunction, and |
| (b) | the owner of copyright before making the application made a written request to the service provider giving it a reasonable period of time to take measures to prevent its service being used to access the specified online location in the injunction, and no steps were taken, |
| | the Court shall order the service provider to pay the copyright owner's costs of the application unless there were exceptional circumstances justifying the service provider's failure to prevent access despite notification by the copyright owner. |
| | "copyright owner" includes a licensee with an exclusive licence within the meaning of section 92 of this Act, |
| | "infringing content" means content which is produced or made available in infringement of copyright, |
| | "online location" means a location on the internet, a mobile data network or other data network at or via which copyright infringing content is accessible, |
| | "operator" means a person or persons in joint or sole control of the decisions to make content accessible at or via an online location, and |
| | "service provider" has the meaning given to it by section 97A(3) of this Act. |
| (6) | Subsections (1) to (5) shall come into force on such day as the Secretary of State may by order appoint not less than 3 months and not more than 12 months after subsections (1) to (5) have been notified to the Commission of the European Communities ("the Commission") in accordance with the obligations of notification imposed by Directive 98/34/EC. |
| (7) | If any comments are received from Member States of the European Union or the Commission after subsection (1) to (5) have been so notified and the Secretary of State reasonably considers amendments are necessary to give effect to such comments, he may make the necessary regulations within the period referred to in subsection (6)(a), to amend subsections (1) to (5)."" |
| 121A | Page 22, line 27, at end insert— |
| "( ) | the failure is an issue reasonably within the responsibility of the registry and the registry has not taken reasonable steps to respond to this failure" |
| 122 | Page 22, line 29, at beginning insert "seriously" |
| 123 | Page 22, line 29, after "likely" insert "seriously" |
| 124 | Page 22, line 34, at end insert— |
| "( ) | In subsection (3) "prescribed" means prescribed by regulations made by the Secretary of State. |
| ( ) | Before making regulations under subsection (3) the Secretary of State must consult such persons as the Secretary of State considers appropriate." |
| 125 | Page 22, leave out lines 40 and 41 |
| 126 | Page 23, line 40, leave out "and any consequences of the failure" |
| 127 | Page 24, line 10, at end insert— |
| "( ) | The Secretary of State must discharge the order before the end of the period of 2 years beginning with the day on which it was made (but this does not prevent the Secretary of State from making a further order in the same or similar terms)." |
| 128 | Page 25, line 25, leave out "and any consequences of the failure" |
| 129 | Page 25, line 35, leave out "and any consequences of the failure" |
| | BARONESS BONHAM-CARTER OF YARNBURY |
| 130 | Page 27, line 45, at end insert— |
| "( ) | In section 295 of that Act (involvement of C4 Corporation in programme-making) in subsection (1) for "programmes to be broadcast on Channel 4" substitute "content for C4C services" and accordingly in subsection (2) of that section for "programme" substitute "content"." |
| 131 | Page 33, line 22, at end insert— |
| "( ) | OFCOM must publish every report under this section— |
| (a) | as soon as practicable after they send it to the Secretary of State, and |
| (b) | in such manner as they consider appropriate." |
| | BARONESS BONHAM-CARTER OF YARNBURY |
| 132 | Page 35, line 4, at end insert— |
| "( ) | must be made subject to such conditions relating to the form, character and quality of the relevant media content as OFCOM consider appropriate," |
| 133 | Page 35, line 5, after "such" insert "other" |
| 134 | Page 35, leave out lines 16 and 17 |
| 134ZA* | Page 35, line 25, at end insert— |
| "( ) | conditions requiring the appointed person to comply with the due impartiality provisions of section 319(2) of the Communications Act 2003" |
| | BARONESS BONHAM-CARTER OF YARNBURY |
| 134A | Page 35, line 30, at end insert— |
| "( ) | Before inviting applications for an appointment under this section to provide news for all or part of a designated Channel 3 area, OFCOM must— |
| (a) | give notice to the provider of the regional Channel 3 service for the area, and |
| (b) | have regard to any representations made by the provider of that service during the period specified in the notice. |
| ( ) | That period must end not less than 28 days after the date on which OFCOM give the notice." |
| 135 | Page 35, line 36, leave out "(5)(e)" and insert "(5)" |
| 137 | Page 36, line 33, after "to" insert— |
| 138 | Page 36, line 35, at end insert— |
| "( ) | the needs of local and community radio stations; and |
| ( ) | the needs of analogue radio listeners" |
| 139 | Page 36, line 35, at end insert ", and |
| ( ) | the establishment of a combined electronic programme guide for analogue and digital stations" |
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