COMMONS AMENDMENT (Hansard, 30 October 1956)

§ LORD MANCROFT

My Lords, this is quite a different matter. Clause 16 deals with the subject of copyright in published editions, and here again we are getting on the territory of the noble Lord, Lord Chorley. The Amendment gives the Board of Trade power to make regulations dealing with the special case of a librarian who is requested to supply, for example, a copy of a book which is the subject of the typographical copyright given by this particular clause. The provisions of Clause 7, which we have discussed earlier this afternoon and which specify the conditions on which the librarian may be protected from an action for infringement of copyright in the literary, dramatic or musical work incorporated in a book, are not altogether appropriate in the present content. In particular, it seems unnecessary to make it a condition of protection that the librarian does not know, and cannot by reasonable inquiry ascertain, the identity of the owner of the copyright in the book,. for example, in its typographical layout. 1175 It also seems desirable to deal with this case separately, since librarians, having complied with the requirements imposed under Clause 7, might overlook the need to respect the rights of the owner of the typographical copyright conferred by Clause 16. So this Amendment is designed to prevent librarians falling into a trap which they otherwise might not have noticed.

A further reason for this Amendment is that the work itself may be out of copyright under Part I of the Bill, so that the librarian has no reason to think that he need comply with any requirements under the Bill, but it so happens that the particular edition which he is copying is still subject to copyright under Clause 16. This is a further safeguard to assist librarians, and I hope that it will meet with the approval of your Lordships. I beg to move that this House doth agree with the Commons in the said Amendment.