CRITICISM, REVIEW AND NEWS REPORTING (Hansard, 25 July 1988)

§ Madam Deputy Speaker (Miss Betty Boothroyd)
With this it will be convenient to consider amendment No. 8 in, page 13, line 26, after '(b)', insert 'with the exception of articistic works, for the purpose of reporting current events.'.

§ Mr. Blair
As I understand it—I wish to be clear about this—the Government amendment gives us exactly what we asked for in Committee. Members of the Committee will recall that there was great concern that the fair dealing 142 provisions as drafted meant that photographers lost copyright protection in circumstances where, for example, news and current events were reported. That was of tremendous concern to them. It was a right that they had held and they had always been in a particular position in relation to the use of photographs.
As I read Government amendment No. 43, photographs are specifically and expressly excluded from fair dealing. If I am right, there is no need for me to move amendment No. 8.

§ Mr. Butcher
The hon. Gentleman will remember the Committee exchanges on this matter. I prayed in aid the learned Lord Denning. The line of argument that I then deployed would have satisfied such distinguished lawyers as the aforesaid Lord when the matter was discussed in another place. I regret to say that it has not eased photographers' worries. They make the point that, even if we are right in our interpretation of clause 30, they should not be put to the trouble of having to argue the fairness of copying in court.
Given that we find it difficult to find examples of cases in which the exception could apply, we have concluded that we should not provide a current affairs exception for photographs. To retain clause 30 as it stands would be perfectly proper, but we are prepared to remove the widespread alarm that it has caused in the photographic community. I hope that Opposition Members do not consider it necessary to press their amendment, given amendment No. 43 standing in the name of my right hon. and learned Friend the Minister of Trade and Industry, which gives them what they and the photographers want.