§ The Question was as follows:
§ To ask Her Majesty's Government when the promised Public Lending Rights Bill will be presented to Parliament; and for an assurance that the Long Title will permit a lendings-related scheme to be introduced.
§ Lord STRABOLGIMy Lords, the Bill to establish a public lending right for authors is being prepared with a view to its early presentation to Parliament. I would ask the noble Lord, Lord Chelwood, to await the proposals that it will contain.
Lord CHELWOODMy Lords, I am very grateful for that reply. May I ask the noble Lord to confirm that the Bill has not run into any drafting snags and that it will be published as soon as possible, so that there may be widespread public debate on a matter in which there is great interest? May I further ask the noble Lord whether a loan sampling scheme, or lendings-related scheme, is one which is favoured most by the Government, such a scheme being most favoured by the authors?
§ Lord STRABOLGIMy Lords, as to the first supplementary question of the noble Lord, Lord Chelwood, as he surmises, there have been considerable technical difficulties. A charge of unnecessary delay cannot be laid against this Government 986 because the previous Administration also found great difficulties. But I can confirm that these are being resolved, and the Bill is in the process of being drafted. It is hoped to introduce it certainly this Session. With regard to the question of lending rights, it is certainly not the intention of the Government by the provisions of this Bill to exclude any practical way of measuring the entitlement of authors.
§ Lord HAILSHAM of SAINT MARYLEBONEMy Lords, will the noble Lord consider whether this Bill is not eminently suitable for introduction into this House?
§ Lord STRABOLGIMy Lords, we will take note of what has been said by the noble and learned Lord, Lord Hailsham of Saint Marylebone. I think this will be a question for the usual channels.
§ Lord DARWENMy Lords, would my noble friend agree that the real difficulty is in establishing a method of levying a charge, rather than any other objection?
§ Lord STRABOLGIMy Lords, of course this has been a difficult matter. It was clear that a full technical appraisal was an essential prerequisite to legislation. This has been conducted with all possible speed by a body of experts, and I think we have arrived at a solution.
§ Viscount ECCLESMy Lords, since it has taken such a long time to work out a scheme, and I bear part of the responsibility, might it not be better simply to legislate for the right and then leave the authors to think up in which way they can get their money?
§ Lord STRABOLGIMy Lords, I am surprised that the noble Viscount asked that, because we found that trying to proceed through the Copyright Acts led inevitably, as we cut through the undergrowth, to a dead end. The essence of copyright is that the copyright holder is free to fix the price at which his works are used. As a result there would have to be a complicated system of licensing regulated by a tribunal, and even then there would be no means of knowing what a scheme would cost.