HL Deb 02 November 1988 vol 501 cc360-3

310 Schedule 1, page 137, line 9, leave out from beginning to 'shall' in line 11 and insert—

'36.—(l) This paragraph applies to a country which immediately before commencement was not a dependent territory within the meaning of paragraph 35 above but—

  1. (a) was a country to which the 1956 Act extended, or
  2. (b) was treated as such a country by virtue of paragraph 39(2) of Schedule 7 to that Act (countries to which the 1911 Act extended or was treated as extending);
and Her Majesty may by Order in Council conclusively declare for the purposes of this paragraph whether a country was such a country or was so treated.

(2) A country to which this paragraph applies'.

311 Page 137, line 20, leave out 'sub-paragraph (1)(b). and insert 'this paragraph'.

312 Page 137, line 26, at end insert—

'British ships, aircraft and hovercraft

37A. Section (British ships, aircraft and hovercraft: Part I) (British ships, aircraft and hovercraft) does not apply in relation to anything done before commencement.'.

313 Page 137, line 28, leave out sub-paragraph (1) and insert—

'(1) Section (Crown copyright) of this Act (general provisions as to Crown copyright) applies to an existing work if—

  1. (a) section 39 of the 1956 Act Act applied to the work immediately before commencement, and
  2. (b) the work is not one to which section (Copyright in Acts and Measures), (Parliamentary copyright) or (Copyright in Parliamentary Bills) applies (copyright in Acts, Measures and Bills and Parliamentary copyright); (see paragraphs 39A and 39B below).'

314 Page 137, line 31, leave out from beginning to 'effect' and insert 'Section (Crown copyright) (1)(b) (first ownership of copyright) has'.

315 Page 137, line 35, leave out '157' and insert '(Crown copyright)'.

316 Page 138, line 3, leave out '157' and insert '(Crown copyright)'.

317 Page 138, line 17, at end insert—

'39A.—(1) Section (Copyright in Acts and Measures) (copyright in Acts and Measures) applies to existing Acts of Parliament and Measures of the General Synod of the Church of England.

(2) References in that section to Measures of the General Synod of the Church of England include Church Assembly Measures.

Parliamentary copyright

39B.—Section (Parliamentary copyright) of this Act (general provisions as to Parliamentary copyright) applies to existing unpublished literary, dramatic, musical or artistic works, but does not otherwise apply to existing works.

(2) Section (Copyright in Parliamentary Bills) (copyright in Parliamentary Bills) does not apply—

  1. (a) to a public Bill which was introduced into Parliament and published before commencement,
  2. (b) to a private Bill of which a copy was deposited in either House before commencement, or
  3. (c) to a personal Bill which was given a First Reading in the House of Lords before commencement.'.

318 Schedule 2, page 138, line 43, at end insert—

'Introductory provisions

.—(1) The provisions of this Schedule specify acts which may be done in relation to a performance or recording notwithstanding the rights conferred by Part II; they relate only to the question of infringement of those rights and do not affect any other right or obligation restricting the doing of any of the specified acts.

(2) No inference shall be drawn from the description of any act which may by virtue of this Schedule be done without infringing the rights conferred by Part II as to the scope of those rights.

(3) The provisions of this Schedule are to be construed independently of each other, so that the fact that an act does not fall within one provision does not mean that is is not covered by another provision.'.

319 Page 139, line 12, after 'music', insert ', or words spoken or sung with music,'.

320 Page 139, line 25, at end insert— '(2A) Where a recording which would otherwise be an illicit recording is made in accordance with this paragraph but is subsequently dealt with, it shall be treated as an illicit recording for the purposes of that dealing, and if that dealing infringes any right conferred by Part II for all subsequent purposes. For this purpose "dealt with" means sold or let for hire, or offered or exposed for sale or hire.'.

321 Page 139, line 46, at end insert— ('1A) Where a recording which would otherwise be an illicit recording is made in accordance with this paragraph but is subsequently dealt with, it shall be treated as an illicit recording for the purposes of that dealing, and if that dealing infringes any right conferred by Part II for all subsequent purposes. For this purpose "dealt with" means sold or let for hire, or offered or exposed for sale or hire.'.

322 Page 140, line 33, at end insert— ('2A) Nothing in this paragraph shall be construed as excluding any defence of statutory authority otherwise available under or by virtue of any enactment,'.

323 Page 140, leave out lines 35 to 44 and insert—

'Transfer of copies of works in electronic form

11.—(1) This paragraph applies where a recording of a performance in electronic form has been purchased on terms which, expressly or impliedly or by virtue of any rule of law, allow the purchaser to make further recordings in connection with his use of the recording.

(2) If there are no express terms—

  1. (a) prohibiting the transfer of the recording by the purchaser, imposing obligations which continue after a transfer, prohibiting the assignment of any consent or terminating any consent on a transfer, or
  2. (b) providing for the terms on which a transferee may do the things which the purchaser was permitted to do,
anything which the purchaser was allowed to do may also be done by a transferee without infringement of the rights conferred by this Part, but any recording made by the purchaser which is not also transferred shall be treated as an illicit recording for all purposes after the transfer.

(3) The same applies where the original purchased recording is no longer usable and what is transferred is a further copy used in its place.

(4) The above provisions also apply on a subsequent transfer, with the substitution for references in sub-paragraph (2) to the purchaser of references to the subsequent transferor.

(5) This paragraph does not apply in relation to a recording purchased before the commencement of Part II.

(6) Expressions used in this paragraph have the same meaning as in section (Transfer of copies of works in electronic form).'

324 Page 140, line 44, at end insert—

'Use of recordings of spoken works in certain cases

11A.—(l) Where a recording of the reading or recitation of a literary work is made for the purpose—

  1. (a) of reporting current events, or
  2. (b) of broadcasting or including in a cable programme service the whole or part of the reading or recitation,
it is not an infringement of the rights conferred by Part II to use the recording (or to copy the recording and use the copy) for that purpose, provided the following conditions are met.

(2) The conditions are that—

  1. (a) the recording is a direct recording of the reading or recitation and is not taken from a previous recording or from a broadcast or cable programme;
  2. (b) the making of the recording was not prohibited by or on behalf of the person giving the readirg or recitation;
  3. (c) the use made of the recording is not of a kind prohibited by or on behalf of that person before the recording was made; and
  4. (d) the use is by or with the authority of a person who is lawfully in possession of the recording.

(3) Expressions used in this paragraph have the same meaning as in section (Use of notes or recordings of spoken works in certain cases).'

325 Page 140, line 44, at end insert—

'Recordings of folksongs

11B.—(1) A recording of a performance of a song may be made for the purpose of including it in an archive maintained by a designated body without infringing any of the rights conferred by Part II, provided the conditions in sub-paragraph (2) below are met.

(2) The conditions are that—

  1. (a) the words are unpublished and of unknown authorship at the time the recording is made,
  2. (b) the making of the recording does not infringe any copyright, and
  3. (c) its making is not prohibited by any performer.

(3) Copies of a recording made in reliance on sub-paragraph (1) and included in an archive maintained by a designated body may, if the prescribed conditions are met, be made and supplied by the archivist without infringing any of the rights conferred by Part II.

(4) In this paragraph—

"designated body" means a body designated for the purposes of section (Recordings of folksongs), and

"the prescribed conditions" means the conditions prescribed for the purposes of subsection (3) of that section;

326 Page 141, leave out line 19 and insert—

'(2) That consent is subject to the condition that the further recording—

327 Page 141, line 23, leave out sub-paragraph (3) and insert—

'(3) A recording made in accordance with this paragraph shall be treated as an illicit recording—

  1. (a) for the purposes of any use in breach of the condition mentioned in sub-paragraph (2)(a), and
  2. (b) for all purposes after that condition or the condition mentioned in sub-paragraph (2)(b) is broken.'.

328 Page 141, line 29, at beginning insert—

'( ) The rights conferred by Part II are not infringed by the making or use by the British Broadcasting Corporation, for the purpose of maintaining supervision and control over programmes broadcast by them, of recordings of those programmes.'.

329 Page 141, line 37, after second 'by' insert—

  1. (a) the making by or with the authority of the Cable Authority, or the use by that Authority, for the purpose of maintaining supervision and control over programmes included in services licensed under Part I of the Cable and Broadcasting Act 1984, of recordings of those programmes; or
  2. (b)'.

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 310 to 329 en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 310 to 329 en bloc.—(Lord Strathclyde.)

On Question, Motion agreed to.