§ 3.6 p.m
§ LORD WILLISMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§
To ask Her Majesty's Government what representations have been made with regard to the proposal of the South Africa Government to introduce legislation which would enable theatres in South Africa to produce works by British and other authors without their permission, which is in clear conflict with Article 11 of the international Berne Copyright Convention to which Britain is a partner and which provides that authors
shall enjoy the exclusive right of authorising the public presentation and public performance of their works".]
§ THE PARLIAMENTARY UNDERSECRETARY OF STATE FOR FOREIGN AFFAIRS (LORD WALSTON)My Lords, no representations have been made to the South African Government with regard to the legislation to which the noble Lord has referred. It appears that the South African Government are relying on Article 17 of the Berne Convention, which confers a right to permit by legislation or regulation, the circulation, presentation or exhibition of any work or production in regard to which the competent authority may find it necessary to exercise that right.
§ LORD WILLISMy Lords, I thank the noble Lord for that reply, but would he not agree that copyright is in fact an expression of ownership, and this policy by the South African Government is a denial of the basic right of ownership and therefore is in direct contravention of the Berne Convention, to which I referred in my original Question? Would the noble 1012 Lord not agree further that writers, who may be boneheads and eggheads, are entitled to as much protection in regard to the rights of private property as are businessmen?
§ LORD WALSTONMy Lords, I would, without qualification, agree to the second question. With regard to the first, the Berne Convention is a highly technical and complex document, and Article 17 of that Convention, which is the relevant Article, is open to several interpretations. We ourselves are not fully satisfied that the South African Government's interpretation is the correct one, but I should not like to say more at this stage.
§ LORD WILLISMy Lords, may I further ask the noble Lord whether, on the basis of what he has just said, it is intended to follow up this line of thought?
§ LORD WALSTONMy Lords, if at any time the rights of British authors were, in our view, infringed by any action of the South African Government, we would certainly consider making representations to them; but, as the noble Lord knows, the Berne Convention itself is about to undergo some revision, and it is probable that the matter will be raised then.