§ Mr. ButcherI beg to move, amendment No. 42, in page 11, line 9, at end insert— 130
'(2) Copyright in a work is infringed by a person who without the licence of the copyright owner transmits the work by means of a telecommunications system (otherwise than by broadcasting or inclusion in a cable programme service), knowing or having reason to believe that infringing copies of the work will be made by means of the reception of the transmission in the United Kingdom or elsewhere.'.We have now been persuaded that there is a lacuna in the secondary infringement provisions, which this amendment is to fill. The transmission of a work in electronic form by a telecommunications system, which is not a broadcast or cable programme service, will be a secondary infringement if the person transmitting the work knows, or has reason to believe, an infringing copy will be made at the other end.
§ Amendment agreed to.