HC Deb 25 July 1988 vol 138 cc219-20

Amendments made: No. 137, in page 150, line 1, after', hire', insert 'or'.

No. 138, in page 150, line 2, leave out 'or distributed'.

No. 139, in page 150, line 28, after ', hire' insert 'or'

No. 140, in page 150, line 29, leave out 'or distributed'.

No. 141, in page 151, line 15, 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.'.

No. 207, in page 151, leave out lines 17 to 28 and insert—

'Transfer of copies of works in electronic form

12.—(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
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  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).'.

No. 252, in page 152, line 1, at end insert—

'Recordings of folksongs

6A.—(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; and other expressions used in this paragraph have the same meaning as in that section.'.—[Mr. Garel-Jones.]

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