THINGS DONE FOR PURPOSES OF INSTRUCTION OR EXAMINATION (Hansard, 25 July 1988)

§ Mr. Butcher
I beg to move amendment No. 44, in page 14, line 22, after ',hire', insert 'or'.

§ Madam Deputy Speaker
With this it will be convenient to take the following amendments: Government amendments Nos. 45 to 49.

§ Mr. Butcher
Clauses 32, 35 and 36, and an order under clause 139, permit copies to be made within clearly defined limits for educational purposes to prevent abuse of the exceptions. Such copies are regarded as infringing copies when they are subsequently dealt with by being sold, for example. The definition of "subsequent dealing" includes distribution. That is not right, as it could prevent a teacher distributing copies to his pupils or an education authority distributing material to its schools. What is needed is to prevent subsequent sale or hire, and that is what our amendments will achieve.

§ Mr. Blair
We understand what the Government are doing. Having looked at the amendment, we consider that it is in accordance with what we wish.

§ Mr. Bowis
Amendments Nos. 332 and 333 are my amendments. Why do we not consider the whole series of amendments? When I raised the matter in Committee, my hon. Friend the Minister kindly said that he would examine the problem. In a subsequent letter, he said that he did not intend that distribution by the teachers to pupils should be excluded. He promised to table amendments, and here are the amendments. I am grateful to my hon. Friend.
Clause 62 omits the omission of the word distribution. I should be grateful if my hon. Friend would elaborate on that point. I appreciate that the matter in this clause may seem a little remote from education, but there are occasions when galleries, museums and so on have links with universities and the academic world. There could be a case for suggesting that such a provision should apply here. Am I right in thinking that a gallery, for example, that has works of art for sale could put on its door a poster, which is a copy of the prime work in the collection, but could not send prints in postcard form to sell the prime object to other people?

§ Mr. Butcher
My hon. Friend the Member for Battersea (Mr. Bowis) raised in Committee the matter of subsequent distribution of copies made under the various education exceptions in clauses 32 to 36. He was right to do so. He will have noted the amendments that we are making. However, I do not think that it would be right to make the same amendments to clause 62. If he wishes to tease the arguments from us on this occasion, I shall be happy to discharge an obligation to provide a rationale.
The purpose of clause 62 is to allow those selling an artistic work to copy it and to issue copies to the public for the purpose of advertising the sale without infringing copyright. Auctioneers, art dealers and others engaged in selling works of art want to be in a positon to include a reproduction of a work in catalogues advertising an auction or sale. That is a long-standing practice, but it may be an infringement of copyright under existing law.
Subsection (1) allows the production and distribution of catalogues and so on for the purposes of advertising a sale, but subsection (2) ensures that subsequent dealing in copies made for such a purpose is an infringement. This is to protect the interests of the artists involved. Thus, a work may be included in a catalogue to advertise a sale but such catalogues cannot subsequently be sold as art books unless the copyright owner has consented. Nor should they be distributed for any purpose other than that for which clause 62 is intended, which is advertising the sale of artistic works. Any exception to copyright should not be wider than needed to achieve its purpose, which in this instance is sale of artistic works, and the amendment of my hon. Friend the Member for Battersea would have that effect. Accordingly, I hope that he will be sympathetic to my request that he does not press it further.

§ Mr. Bowis
I wished only to test the water. I happily accept my hon. Friend's reassurances.