Clause 7.—(SPECIAL EXCEPTIONS AS RESPECTS LIBRARIES AND ARCHIVES.) (Hansard, 24 October 1956)

§ Mr. Walker-Smith
I beg to move, in page 9, line 29, to leave out from the second "the" to the end of line 31 and insert: librarian knows the name and address of a person entitled to authorise the making of the copy, or could by reasonable inquiry ascertain the name and address of such a person. It might be convenient if we also considered the Amendment in page 10, line 1, to leave out from beginning to "and" in line 4 and insert: (b) at the time when the copy is made, the librarian by or on whose behalf it is supplied does not know the name and address of any person entitled to authorise the making of the copy, and could not by reasonable inquiry ascertain the name and address of such a person. These Amendments are designed to improve the effect of Clause 7, and they arise out of discussions which we had on the Clause in Committee. The general effect of Clause 7 is to make new provision to meet the position of librarians. It is occasioned by the demand for copies arising out of modern techniques of microfilming and the like. Clause 7 (2) defines the kind of libraries which may be empowered by Board of Trade regulations to supply copies and also defines the conditions on which they may do so.
Subsection (3) deals with the copying by the library staff of part of a literary, dramatic or musical work which is not an article in a periodical. Subsection (3) is intended to provide protection for the 720 librarian who copies for students. Under subsection (3) procedure, the conditions in subsection (2) prescribed by the regulations apply, but the proviso is also material, and under the proviso the librarian must satisfy himself that the identity of the copyright owner is not known and cannot be ascertained by reasonable inquiry.
We had some discussion in Committee as to whether that was a very happy condition. The hon. Member for Rossendale (Mr. Anthony Greenwood) there proposed that the librarian should be entitled to copy so long as he does not know not only the identity of the copyright owner but also his address. The hon. Member for Holborn and St. Pancras, South (Mrs. L. Jeger) dissented from that proposition. I was anxious, as I always am, to reconcile the differences of the Opposition, and consequently I suggested that this principle should obtain—that applications to copy should not be indefinitely held up if, although the identity of the author is known, there is no practicability of communication.
7.15 p.m.
I gave an undertaking to consider the matter in the light of that, and these Amendments give effect to that undertaking. The first Amendment relates to the copying of part of the book and the second relates to the copying of the whole book by one librarian for the purpose of another librarian within the statutory description. The effect is that the librarian will have cover in copying 721 unless he knows the name and address or unless he could by reasonable inquiry ascertain the same. The phrase … a person entitled to authorise the making of the copy … may appear to be a little cumbrous but it is deliberately used in preference to "author" or "copyright owner" so as to provide for the exclusive licensee.
The practical effect of the Amendment will be that the librarian will, in any event, know the name of the author and know presumably the address of the publisher of the edition in the library. Inquiry from both these sources should ascertain who can authorise the copying. If, however, after a reasonable inquiry, he is unable to trace anyone who could give permission he will, under the Amendment, be free to make a copy. I think that that meets the general concensus of view in Committee as to what would be appropriate, and I hope that it commends itself to the House.

§ Mr. Anthony Greenwood
There have been very few occasions in the course of our discussions when I have had the pleasure of being able to thank the Parliamentary Secretary for what he has done. In the course of debates in Committee I put forward and spoke on a number of Amendments based upon a memorandum supplied by the Standing Conference of National University Libraries, the Association of Special Libraries and the Library Association. On that occasion the Parliamentary Secretary made a number of pertinent observations on the proposals in my Amendments, the reasons for which I saw, and I therefore did not press the Amendments to a Division.
I am most grateful to the Parliamentary Secretary for the consideration which he has given to this matter between the Committee stage and today, and I hope that the House will accept the Amendment which he has tabled.

§ Mr. Walker-Smith
I beg to move, in page 11, line 10, after "public", to insert "or makes a record of it".
I have said that the previous two Amendments which I moved were a result of discussion introduced in the Committee upstairs by hon. Gentlemen opposite. This Amendment is designed to make an improvement in the Bill which was suggested to me by my hon. and learned Friend the Member for Bolton, East (Mr. Philip Bell), who has taken such a close and informed interest in this Bill. I am indeed grateful to him. It is to provide that when, after an unsuccessful attempt to find the copyright owner by an advertisement, an old, hitherto unpublished work has been published, it may be broadcast, relayed and performed in public.
This Amendment will permit, in addition, the making of records of the work in such circumstances. Of course the concession will apply mainly in the realm of music. I think it may be of some value, and it will be of some benefit to the British Broadcasting Corporation since, as the subsection already permits broadcasting, it is not unlikely that the broadcasting authorities may wish to make recordings for broadcasting purposes.