HL Deb 02 November 1988 vol 501 c249

48 Leave out Clause 56 and insert the following new Clause:

'Transfer of copies of works in electronic form.

.—(1) This section applies where a copy of a work in electronic form has been purchased on terms which, expressly or impliedly or by virtue of any rule of law, allow the purchaser to copy the work, or to adapt it or make copies of an adaptation, in connection with his use of it.

(2) If there are no express terms—

  1. (a) prohibiting the transfer of the copy by the purchaser, imposing obligations which continue after a transfer, prohibiting the assignment of any licence or terminating any licence on a transfer, or
  2. (b) providing for the terms on which a transferee may do the things which the purchaser was permitted to do,
anything which the purchaser was allowed to do may also be done without infringement of copyright by a transferee; but any copy, adaptation or copy of an adaptation made by the purchaser which is not also transferred shall be treated as an infringing copy for all purposes after the transfer.

(3) The same applies where the original purchased copy is no longer usable and what is transferred is a further copy used in its place.

(4) The above provisions also apply on a subsequent transfer, with the substitution for references in subsection (2) to the purchaser of references to the subsequent transferor.'.

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 48. The amendment was spoken to when we dealt with Commons Amendment No. 19. I commend the amendment to the House.

Moved, That the House do agree with the Commons in their Amendment No. 48.—(Lord Strathclyde.)

On Question, Motion agreed to.

(Amendment No. 48A not moved.)