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Session 2009 - 10
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Other Bills before Parliament

Digital Economy Bill [HL]


Digital Economy Bill [HL]

58

 

(b)   

in relation to amendments of the Broadcasting Act 1990, section 204(6)

of that Act;

(c)   

in relation to amendments of the Broadcasting Act 1996, section 150(4)

of that Act;

(d)   

in relation to amendments of the Communications Act 2003, section

5

411(6) of that Act;

(e)   

in relation to amendments of the Wireless Telegraphy Act 2006, section

118(3) of that Act.

(4)   

The power conferred by section 157(2)(c) of the Copyright, Designs and Patents

Act 1988 (power to extend to British overseas territories) is exercisable in

10

relation to any amendment made by this Act to Part 1 of that Act.

49      

Commencement

(1)   

This Act comes into force at the end of the period of two months beginning

with the day on which it is passed, but this is subject to—

(a)   

section 28(8), and

15

(b)   

subsections (2) and (3).

(2)   

The following come into force on the day on which this Act is passed—

(a)   

sections 6, 7, 8, 16 and 17(1),

(b)   

sections 31 to 33, and

(c)   

this section and sections 48 and 50.

20

(3)   

The following come into force on such day as the Secretary of State may by

order made by statutory instrument appoint—

(a)   

sections 19 to 21,

(b)   

section 30 and the entries in Schedule 3 relating to sections 183A and

184 of the Broadcasting Act 1990 and Schedule 15 to the

25

Communications Act 2003 (and section 47 so far as it relates to those

entries),

(c)   

sections 41(2), (3), (5) and (6) and 42(1), paragraphs 2 to 4, 6 to 9 and

10(2) of Schedule 1 (and section 42(2) so far as it relates to those

provisions) and the entries in Schedule 3 relating to sections 2, 4 and 22

30

of the Video Recordings Act 1984 (and section 47 so far as it relates to

those entries), and

(d)   

section 45.

(4)   

The Secretary of State may appoint different days for different purposes.

50      

Short title

35

This Act may be cited as the Digital Economy Act 2010.

 
 

Digital Economy Bill [HL]
Schedule 1 — Classification of video games etc: supplementary provision

59

 

Schedules

Schedule 1

Section 42

 

Classification of video games etc: supplementary provision

1          

The Video Recordings Act 1984 is amended as follows.

2     (1)  

Section 4 (authority to determine suitability of video works for classification)

5

is amended as follows.

      (2)  

In subsection (1)(b)—

(a)   

in sub-paragraph (i), after “issue” insert “or revocation”, and

(b)   

in sub-paragraph (ii), after “issuing” insert “and revoking”.

      (3)  

After subsection (1B) insert—

10

“(1C)   

The arrangements made under this section may require a person

requesting a classification certificate for a video work to agree to

comply with a code of practice, which may, in particular, include

provision relating to the labelling of video recordings.”

      (4)  

After subsection (3) insert—

15

“(3A)   

The Secretary of State must not make a designation under this

section unless satisfied that adequate arrangements will be made for

taking account of public opinion in the United Kingdom.”

      (5)  

For subsection (5) substitute—

“(5)   

No fee is recoverable by, or in accordance with arrangements made

20

by, the designated authority in connection with a determination in

respect of a video work or the issue of a classification certificate

unless the designated authority has consulted the Secretary of State

about such fees.”

      (6)  

Omit subsection (6).

25

      (7)  

After that subsection insert—

“(6A)   

When making arrangements under this section, the designated

authority must have regard to any guidance issued by the Secretary

of State.

(6B)   

The Secretary of State may not issue guidance about the matters to be

30

taken into account when determining the suitability of a video work

for the issue of a classification certificate or a classification certificate

of a particular description.”

      (8)  

In subsection (8)—

 

 

Digital Economy Bill [HL]
Schedule 1 — Classification of video games etc: supplementary provision

60

 

(a)   

after “Act” insert—

“(a)   

”, and

(b)   

at the end insert “, and

(b)   

references to the designated authority, in relation to a

classification certificate, are references to the person

5

or persons designated under this section when the

certificate is issued,

   

(but see also section 4ZA(2)).”

3          

In section 7 (classification certificates), at the end insert—

“(3)   

For the purposes of this Act, a video work is not a video work in

10

respect of which a classification certificate has been issued if every

classification certificate issued in respect of the video work has been

revoked.”

4          

After that section insert—

“7A     

Classification certificates for particular video recordings

15

(1)   

A classification certificate issued in respect of a video work may be

issued so as to have effect only for the purposes of a video recording

that is described in the certificate (whether by reference to its

contents, to the manner in which it is, or is to be, supplied or

otherwise).

20

(2)   

For the purposes of this Act, a video recording contains a video work

in respect of which a classification certificate has been issued if (and

only if) a classification certificate that has been issued in respect of

the video work has effect for the purposes of the video recording.”

5          

In section 8 (requirements as to labelling etc), omit subsections (2) and (3).

25

6     (1)  

Section 11 (supplying video recording of classified work in breach of

classification) is amended as follows.

      (2)  

In subsection (1)—

(a)   

for “containing” substitute “, or no video recording described in the

certificate, that contains”,

30

(b)   

for “a video recording containing that work” substitute “such a video

recording”, and

(c)   

after “unless” insert—

“(a)   

the video work is an exempted work, or

(b)   

”.

35

      (3)  

In subsection (2), after paragraph (b) (but before “or”) insert—

“(ba)   

that the accused believed on reasonable grounds that the

video work concerned or, if the video recording contained

more than one work to which the charge relates, each of those

works was an exempted work,”.

40

7     (1)  

Section 12 (certain video recordings only to be supplied in licensed sex

shops) is amended as follows.

      (2)  

In subsections (1) and (3)—

(a)   

for “containing” substitute “, or no video recording described in the

certificate, that contains”, and

45

 
 

Digital Economy Bill [HL]
Schedule 1 — Classification of video games etc: supplementary provision

61

 

(b)   

for “a video recording containing the work” substitute “such a video

recording”.

      (3)  

In subsection (6)—

(a)   

for “containing” substitute “, or no video recording described in the

certificate, that contains”, and

5

(b)   

for “a video recording containing that work” substitute “such a video

recording”.

8     (1)  

Section 13 (supplying video recording not complying with requirements as

to labels etc) is amended as follows.

      (2)  

In subsection (1), after “unless” insert—

10

“(a)   

the video work is an exempted work, or

(b)   

”.

      (3)  

In subsection (2), before paragraph (a) insert—

“(za)   

believed on reasonable grounds that the video work

concerned or, if the video recording contained more than one

15

work to which the charge relates, each of those works was an

exempted work,”.

9     (1)  

Section 14 (supplying video recording containing false indication as to

classification) is amended as follows.

      (2)  

In subsection (1), after “unless” insert—

20

“(a)   

the video work is an exempted work, or

(b)   

”.

      (3)  

In subsection (2)(a), after sub-paragraph (i) (but before “or”) insert—

“(ia)   

that the video work concerned or, if the video

recording contained more than one work to which the

25

charge relates, each of those works was an exempted

work,”.

      (4)  

In subsection (3)—

(a)   

after “unless” insert—

“(a)   

the video work is an exempted work, or

30

(b)   

”.

      (5)  

In subsection (4)(a), before sub-paragraph (i) insert—

“(ai)   

that the video work concerned or, if the video

recording contained more than one work to which the

charge relates, each of those works was an exempted

35

work,”.

10    (1)  

Section 22 (other interpretation) is amended as follows.

      (2)  

In subsection (1), at the end insert—

““video games authority” and “video works authority” have the

meaning given in section 4ZA.”

40

      (3)  

In subsection (2), after “Act” insert “(and subject to regulations under

subsection (2A))”.

 
 

Digital Economy Bill [HL]
Schedule 2 — Licensing of copyright and performers’ property rights
Part 1 — Regulation of licensing bodies

62

 

      (4)  

After subsection (2) insert—

“(2A)   

The Secretary of State may by regulations make provision about the

circumstances in which, for the purposes of this Act, a video

recording does or does not contain a video work.”

11         

After section 22 insert—

5

“22A    

Regulations

(1)   

Regulations under this Act are to be made by statutory instrument.

(2)   

Every power of the Secretary of State to make regulations under this

Act includes—

(a)   

power to make different provision for different purposes,

10

and

(b)   

power to make transitional or saving provision.

(3)   

A statutory instrument containing regulations under section 2, 2A or

3 may not be made unless a draft of the instrument has been laid

before, and approved by a resolution of, each House of Parliament.

15

(4)   

Any other statutory instrument containing regulations under this

Act is subject to annulment in pursuance of a resolution of either

House of Parliament.”

12         

Until such time as section 2A of the Video Recordings Act 1984 comes into

force, section 22A(3) of that Act has effect as if the words “2A or” were

20

omitted.

Schedule 2

Section 43

 

Licensing of copyright and performers’ property rights

Part 1

Regulation of licensing bodies

25

1          

In the Copyright, Designs and Patents Act 1988 before Schedule 1 insert—

“Schedule A1

Section 116E

 

Regulation of licensing bodies

Code of practice

1     (1)  

The Secretary of State—

30

(a)   

must, in the case of a licensing body or other person

authorised under section 116A or 116B, and

(b)   

may, in the case of any licensing body that appears to the

Secretary of State not to have a system of self-regulation

protecting the interests of copyright owners, licensees,

35

prospective licensees or the public,

 
 

Digital Economy Bill [HL]
Schedule 2 — Licensing of copyright and performers’ property rights
Part 1 — Regulation of licensing bodies

63

 

           

require the licensing body or other person to adopt a code of

practice which complies with requirements set out in the

regulations.

      (2)  

The regulations may provide that in the case of a licensing body or

other person that fails to adopt a code of practice in accordance

5

with the regulations, a code of practice approved by the Secretary

of State or by a person designated under the regulations by the

Secretary of State has effect as a code of practice adopted by the

body or other person.

2         

The Secretary of State may by regulations make provision as to—

10

(a)   

procedures to be followed before provision under

paragraph 1 applies in relation to a licensing body or other

person;

(b)   

where such provision applies by virtue of paragraph

1(1)(b), procedures to be followed before such provision

15

ceases to apply in relation to a licensing body.

3     (1)  

Regulations under paragraph 1 must provide for a code applying

to a licensing body to include provision relating to these matters—

(a)   

obligations of the body to its members;

(b)   

where the body is authorised under section 116B,

20

obligations of the body to owners of copyright in works

subject to the authorisation who are not members;

(c)   

accounting arrangements in relation to royalties or other

sums paid in respect of a licence;

(d)   

obligations of the body to licensees;

25

(e)   

control by the body of administration and marketing

carried out by it or on its behalf;

(f)   

the handling of complaints against the body, including the

appointment of a person to represent the interests of

complainants;

30

(g)   

provision of information by the body, and other matters

relating to transparency in relation to activities of the body;

(h)   

the making of reports by the body to the Secretary of State.

      (2)  

Regulations under paragraph 1 must provide for a code to include,

in relation to works to which an authorisation under section 116A

35

or 116B applies that are registered as orphan works, provision

relating to these matters—

(a)   

accounting arrangements in relation to royalties or other

sums paid in respect of a licence;

(b)   

calculation of payments to copyright owners;

40

(c)   

arrangements for holding sums for copyright owners;

(d)   

provision of information by the authorised person.

Enforcement

4     (1)  

The Secretary of State may by regulations provide for the

consequences of a failure by a licensing body or other person to

45

comply with—

(a)   

a code of practice which has effect under this Schedule in

relation to the person,

 
 

Digital Economy Bill [HL]
Schedule 2 — Licensing of copyright and performers’ property rights
Part 2 — Performers’ property rights

64

 

(b)   

an authorisation given to the person under section 116A or

116B,

(c)   

any of subsections (4) to (6) of section 116D, or

(d)   

a requirement imposed under this Schedule.

      (2)  

The regulations may in particular provide for the imposition of

5

financial penalties.

      (3)  

The regulations may include provision—

(a)   

for determining whether there has been a failure to comply

with anything mentioned in sub-paragraph (1);

(b)   

for determining any penalty that may be imposed in

10

respect of the failure;

(c)   

for an appeal to the Copyright Tribunal against the

imposition of any such penalty.

      (4)  

A penalty imposed under sub-paragraph (2) must not be greater

than £50,000.

15

      (5)  

The regulations may provide for a determination within sub-

paragraph (3)(a) or (b) to be made by the Secretary of State or by a

person designated by the Secretary of State under the regulations.

      (6)  

The regulations may make provision for requiring a person to give

the person by whom a determination within sub-paragraph (3)(a)

20

falls to be made (the “adjudicator”) any information that the

adjudicator reasonably requires for the purpose of making that

determination.

Fees

5     (1)  

The Secretary of State may by regulations require a licensing body

25

to which regulations under any other provision of this Schedule

apply to pay fees to the Secretary of State.

      (2)  

The aggregate amount of fees payable under the regulations must

not be more than the cost to the Secretary of State of administering

the operation of regulations under this Schedule.”

30

Part 2

Performers’ property rights

2          

In Schedule 2A to the Copyright, Designs and Patents Act 1988 (licensing of

performers’ property rights) after paragraph 1 insert—

“Additional licensing and regulation

35

1A    (1)  

The Secretary of State may by regulations provide for authorising

a licensing body or other person to do, or to grant licences to do,

an act to which section 182A, 182B, 182C or 182CA applies

where—

(a)   

the performer’s consent would otherwise be required

40

under that section, but

(b)   

the right to authorise or prohibit the act is an orphan right.

 
 

 
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