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

House of Lords

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Clause 35

 

LORD MANDELSON

140Page 42, line 14, leave out "local"
141Page 42, line 14, at end insert—
"(   )  OFCOM may, if the requirements of subsections (2) to (4) are met, vary a national radio multiplex licence by extending the area in which the licensed service is required to be available."
142Page 42, line 15, leave out "this section" and insert "subsections (2) to (5)"
143Page 42, line 37, at beginning insert "In the case of a local radio multiplex licence,"
 

After Clause 37

 

BARONESS BONHAM-CARTER OF YARNBURY

 

LORD GORDON OF STRATHBLANE

143AInsert the following new Clause—
  "Regulation of television
  In paragraph 19(2) of Schedule 24 to the Enterprise Act 2002, after paragraph (b) insert—
"(c)  may, as concerns undertakings given by one or more holders of a licence to provide a Channel 3 service, be amended or revoked by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament"."
 

Clause 38

 

LORD CLEMENT-JONES

 

LORD RAZZALL

144Leave out Clause 38
 

Clause 40

 

LORD MANDELSON

145Page 46, line 22, at end insert—
"(3A)  After subsection (3) insert—
"(4)  The Secretary of State may by regulations amend this section—
(a)  by adding or removing a case in which a video work is not an exempted work, or
(b)  by amending a description of such a case.""
 

Clause 41

 

BARONESS HOWE OF IDLICOTE

 

LORD CLEMENT-JONES

146Page 48, line 34, at end insert "or the video works authority for those video games allocated to it under subsection (1)"
147Page 48, line 39, leave out from beginning to end of line 3 on page 49 and insert—
"(   )  Where there are two designated authorities, the arrangements made by the video games authority under section 4 must include arrangements for implementing any determination by the video works authority as to the suitability for a classification certificate to be issued in respect of a video work included in a video game."
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

148Page 49, line 8, at end insert—
"(   )  The video games authority must make arrangements, after consultation with the video works authority, for obtaining access when necessary to any record maintained under section 4(1)(c)."
 

After Clause 41

 

BARONESS HOWE OF IDLICOTE

149Insert the following new Clause—
  "Duty to promote online safety
(1)  It shall be the duty of internet service providers and mobile phone operators to take such steps, and to enter into such arrangements—
(a)  to bring about, or to encourage others to bring about, a better public understanding of online safety;
(b)  to provide prominent, easily accessible and clear information on filtering options of public electronic communication services for the purposes of online safety—
(i)  at the time of purchase of the service; and
(ii)  to make such information available for the duration of the contract.
(2)  In this section "online safety" means safe, responsible use of the internet and other communication devices by children and young people."
 

Schedule 1

 

LORD HOWARD OF RISING

 

LORD DE MAULEY

150Page 58, line 25, after "(3)" insert "and insert—
"(2)  Regulations under this section may require content advice issued with the classification certificate by the designated authority to be shown in a manner so specified.""
 

LORD MANDELSON

151Page 60, line 13, after "section" insert "2,"
 

Clause 42

 

LORD MANDELSON

152Page 49, line 23, after "the" insert "missing"
153Page 49, line 23, at end insert—
"(1A)  Where the missing copyright owner is not the sole owner of copyright in the work, an authorisation does not affect the need for consent from any other owner of copyright."
 

VISCOUNT BRIDGEMAN

 

BARONESS BUSCOMBE

 

LORD CLEMENT-JONES

153APage 49, line 23, 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."
 

LORD MANDELSON

154Page 49, line 27, leave out "may" and insert "must"
155Page 49, line 35, leave out from "in" to end of line 36 and insert "a register kept in accordance with section 116CB(1)."
 

VISCOUNT BRIDGEMAN

 

BARONESS BUSCOMBE

 

LORD CLEMENT-JONES

155APage 50, line 2, at end insert "provided that a majority of copyright owners affected by such a copyright licence agree to such an extended licensing scheme"
155BPage 50, line 2, 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."
 

LORD HOWARD OF RISING

 

LORD DE MAULEY

155C*Page 50, line 7, at end insert—
"(2A)  Before granting any licence in respect of works in which copyright is not owned by the body or a person on whose behalf the body acts, the relevant licensing body must publish guidelines on how to exclude a work by notice under subsection 2(b).
(2B)  Before publishing guidelines under subsection (2A) above, the licensing body must consult copyright owners and creator of the type of works for which the licence is to be granted."
155D*Page 50, line 7, at end insert—
"(   )  The regulations must require all licensed bodies to publish and maintain a register of all works for which they are granting licences in respect of works in which the copyright is not owned by the body or a person on whose behalf the body acts."
 

LORD MANDELSON

156Page 50, line 11, leave out from beginning to end of line 38 on page 51 and insert—
"116CAMeaning of "orphan work"
(1)  A work is an orphan work if a person—
(a)  has carried out a diligent search to find or, if necessary, to identify and find, the owner of, or of an interest in, copyright in the work, and
(b)  has published the notice required by this section,
  but has not found the owner.
(2)  References to the missing copyright owner in relation to an orphan work are references to that owner.
(3)  For the purposes of subsection (1)(a) the person carrying out the search must in particular—
(a)  make such use as is reasonable of sources of information, including sources within subsection (4), relating to the work's apparent country of origin, and
(b)  have regard to any presumptions under section 104 or 105 that would apply in relation to the work in any proceedings.
(4)  The sources referred to in subsection (3)(a) are—
(a)  licensing bodies;
(b)  associations of publishers or authors;
(c)  systems for identifying works of the type concerned;
(d)  published library catalogues and indexes;
(e)  public databases, including public records that may indicate successors in title.
(5)  For the purposes of subsection (3)(b) a work's apparent country of origin is the country which the person carrying out the search reasonably believes is most likely to be—
(a)  the country of the work's first publication, or
(b)  if the work has not been published, the country with which its making is most closely connected.
(6)  The notice required by subsection (1)(a) is notice of the proposal to enter the interest concerned in a register kept in accordance with section 116CB(1), published in a way designed to bring the proposal to the attention of the owner of the interest.
(7)  The Secretary of State may by regulations amend any of the preceding provisions of this section.
116CBOrphan works: registration and compliance
(1)  Regulations made by the Secretary of State must provide for an authorisation under section 116A or 116B to have effect in respect of an interest of a missing copyright owner only if the interest is entered in a register kept by the authorised person (an "orphan works register").
(2)  The regulations must—
(a)  specify the form of an orphan works register and how it is to be kept, and
(b)  provide for an orphan works register to be made available to the public.
(3)  An entry in an orphan works register must include a sufficient record of the steps taken for the purposes of section 116CA(1)(a) and (b).
(4)  An authorised person must not enter an interest in an orphan works register unless the authorised person—
(a)  has taken the steps referred to in section 116CA(1)(a) and (b) and has not found the owner of the interest, or
(b)  has reasonable grounds for believing that another person has taken those steps and that the owner of the interest has not been found.
(5)  If an interest is entered in an authorised person's orphan works register and the authorised person finds the owner of the interest, the authorised person must remove the entry.
(6)  If in relation to an interest entered in an authorised person's orphan works register, the authorised person—
(a)  is aware that any of the steps referred to in section 116CA(1)(a) and (b) was not taken, or
(b)  is aware of information that makes it no longer reasonable to rely on the steps taken,
  the authorised person must as soon as possible take those steps or remove the entry.
(7)  Where an interest is entered in an orphan works register, regulations under section 116A or 116B may provide for an authorisation under that section to have effect in respect of that interest despite a failure to take steps referred to in section 116CA(1)(a) or (b) or to comply with any of subsections (4) to (6).
(8)  But a failure by an authorised person to comply with any of subsections (4) to (6) is actionable as a breach of statutory duty owed to the owner of the interest concerned (and see paragraph 3 of Schedule A1).
(9)  Any guidance issued by the Secretary of State must be taken into account in deciding whether a person has taken the steps referred to in section 116CA(1)(a) or (b) or has complied with subsection (3).
(10)  The Secretary of State may by regulations amend any of the preceding provisions of this section."
157Page 51, leave out lines 41 to 43 and insert—
"(a)  the regulation of licensing bodies, and of persons other than licensing bodies who are authorised under section 116A;
(b)  enforcement for the purposes of such regulation, or otherwise for the purposes of sections 116A to 116CB."
158Page 52, line 1, leave out "116C" and insert "116CB"
159Page 52, line 7, at end insert—
"(   )  Before making provision as to requirements for a person's becoming or remaining authorised under section 116A or 116B, the Secretary of State must consult the persons the Secretary of State thinks likely to be affected (or persons who represent such persons) and such other persons as the Secretary of State thinks fit."
160Page 52, line 8, leave out "116C" and insert "116CB"
161Page 52, line 19, leave out "116C" and insert "116CB"
162Page 52, line 20, leave out "section 116C or another" and insert "any"
163Page 52, line 28, at end insert—
""missing copyright owner (in relation to an orphan work)section 116CA";"
164Page 52, line 29, leave out "116C" and insert "116CA"
165Page 52, line 30, at end insert—
""missing rights owner (in relation to orphan rights)paragraph 1CA of Schedule 2A";"
166Page 52, line 31, leave out "1C" and insert "1CA"
 

LORD CLEMENT-JONES

 

LORD RAZZALL

167Leave out Clause 42

 
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3 March 2010