§ .—(1) Any provision in an agreement is void in so far as it purports to prohibit or restrict relevant dealing with a broadcast or cable programme in any circumstances where by virtue of section 30(2) of the Copyright, Designs and Patents Act 1988 (fair dealing for the purpose of reporting current events) copyright in the broadcast or cable programme is not infringed.
§ (2) In subsection (1)—
- (a) "relevant dealing", in relation to a broadcast or cable programme, means dealing by including visual images taken from it in another broadcast or cable programme, and
- (b) "broadcast" and "cable programme" have the same meaning as in Part I of the Copyright, Designs and Patents Act 1988.'—[Mr. Sproat.)
§ Brought up, and read the First time.
§ Mr. Sproat
I beg to move, That the clause be read a Second time.
The new clause give effect to my commitment in Committee to table an amendment to safeguard news access to sporting and other events. The new clause provides that any provision in a contract is void in so far as it prevents the use of visual images from another programme for the purposes of news reporting, in circumstances in which the fair dealing provisions of the Copyright, Designs and Patents Act 1988 would apply. Any decisions as to what constitutes fair dealing would remain for the courts to take, based on the specific circumstances of the case in question.
§ Question put and agreed to.
§ Clause read a Second time, and added to the Bill.