HL Deb 02 November 1988 vol 501 cc241-2

40 Clause 47, page 18, line 16, leave out subsections (1) and (2) and insert—

'(1) Where material is open to public inspection pursuant to a statutory requirement, or is on a statutory register, any copyright in the material as a literary work is not infringed by the copying of so much of the material as contains factual information of any description, by or with the authority of the appropriate person, for a purpose which does not involve the issuing of copies to the public.

(2) Where material is open to public inspection pursuant to a statutory requirement, copyright is not infringed by the copying or issuing to the public of copies of the material, by or with the authority of the appropriate person, for the purpose of enabling the material to be inspected at a more convenient time or place or otherwise facilitating the exercise of any right for the purpose of which the requirement is imposed.

(2A) Where material which is open to public inspection pursuant to a statutory requirement, or which is on a statutory register, contains information about matters of general scientific, technical, commercial or economic interest, copyright is not infringed by the copying or issuing to the public of copies of the material, by or with the authority of the appropriate person, for the purpose of disseminating that information.'.

41 Page 18, line 28, leave out 'or (2)' and insert ', (2) or (2A)'.

42 Page 18, line 32, leave out 'and (2)' and insert 'to (2A)'.

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 40, 41 and 42 en bloc. Clause 47 provides exceptions to copyright intended to ensure that material open to public inspection or contained in official registers can be copied for certain purposes. For example, planning documents could be copied for inspection at a more convenient time or place.

However it became apparent that certain reasonable practices might not be possible under the clause as it left this House. The problem arises from the impossibility of copying some factual information without copying the literary work which expresses it. An example would be a list of names and addresses on a company register or the company's annual accounts. Since the whole purpose of putting factual information on a register is that it can be used, and it often cannot be used without being copied, copyright law could frustrate the whole purpose of registration.

Amendment No. 40 solves this by adding a new subsection (1) which provides that copyright in a literary work which can be inspected by the public is not infringed by copying factual information (and I stress that we are essentially talking about lists and other compilations) so long as authorisation is obtained from the appropriate person, such as the registrar, and copies are not issued to the public.

Subsections (2) and (2A) in Amendment No. 40 correspond to existing subsections (1) and (2) with minor drafting improvements. Amendments Nos. 41 and 42 are purely consequential.

Moved, That the House do agree with the Commons in their Amendments Nos. 40 to 42 en bloc.—(Lord Strathclyde.)

On Question, Motion agreed to.