§ Mr. PageI beg to move amendment No. 273, in page 76, line 39, at end insert—
'(7) In the case of a film, and notwithstanding subsection (4)(c) of this section, the issue of copies of the film for purposes of performance in public, or being broadcast or included in a cable programme service, constitutes publication.'.Amendment No. 273 adds to the definition of publication the release of a film for purposes of theatrical, broadcast or cable performances. At the moment, publication is defined as issue of copies to the public and 202 expressly excludes broadcasting or cable casting of a film from the definition. That has two consequences. First, a film that has been the subject of a theatrical release in the cinema or a first run showing on broadcast or cable television may not be considered a public work. I could be wrong in my reading of that, and I should be grateful if my hon. Friend could reassure me. However, if I am right, it would appear that only the sale of video cassettes to the public satisfies the definition of publication.Secondly, a foreign film that has only been shown in cinemas or broadcasts or on cable television in a foreign country is not eligible for copyright protection in the United Kingdom unless the copyright owner can prove that the author was a national of a country with which the United Kingdom had a copyright treaty at the relevant time
By contrast, in the case of a published work, eligibility for copyright protection in the United Kingdom can be established more easily by showing that the work was first published in a country with which the United Kingdom had copyright treaty relations at the time of the first publication.
Those rules place the owner of copyright in a foreign film at a significant disadvantage if he wishes to enforce those rights in an English court before the film has been published within the meaning of the Bill. The proof of nationality of the author is much more difficult and costly than trying to prove the place of the first theatrical or television release. I leave aside the difficulties of trying to prove the nationality of an author who is a production company incorporated in a country that may not meet the nationality requirements.
I believe that the amendment overcomes those difficulties. It provides for the publication of films and it includes the issue of copies of the film for purposes of performance in public or being broadcast or included in a cable service. I hope that my hon. Friend will be able to reassure me that I am misreading the definitions, or that he will be able to accept the amendment.
§ Mr. ButcherI am grateful to my hon. Friend for his explanation, as his amendment puzzled us considerably. I must tell him that the amendment is largely unnecessary, even in terms of its own objectives. Under subsection (l)(a) of the clause, the issue of copies of a film to the public, for whatever purpose, already constitutes publication, so the amendment is relevant only to the extent that the "group of persons" it refers to is not a sector of the public. That means that the effect of the amendment would be limited to cases where a copy of a film is issued to a group which does not constitute the public, but where the objective is nonetheless to give a public performance. That seems a very limited set of circumstances.
I find the amendment enigmatic because my hon. Friend seems to be trying to make publication not a restricted act. Virtually all that is achieved by providing that in particular circumstances the issue of copies of a film constitutes publication is to ensure that the term of copyright starts to run from that date because, under clause 13, the term of copyright in a film expires 50 years from the end of the calendar year in which the film is released, and "released" includes when it is first published.
I hope that my hon. Friend therefore accepts that the amendment is not entirely necessary.
§ Mr. PageI am grateful to my hon. Friend for his explanation. I have some difficulty with the definition of what will be accepted as a publication, particularly as, for some reason, the clause goes out of its way to exclude
the broadcasting of the work or its inclusion in a cable programme servicein subsection (4)(iv).In view of my hon. Friend's assurance, however, I beg to ask leave to withdraw the amendment.
§ Amendment, by leave, withdrawn.