HL Deb 02 November 1988 vol 501 c250

52 After Clause 57, insert the following new Clause:

'Use of notes or recordings of spoken words in certain cases.

.—Where a record of spoken words is made, in writing or otherwise, for the purpose—

  1. (a) of reporting current events, or
  2. (b) of broadcasting or including in a cable programme service the whole or part of the work,
it is not an infringement of any copyright in the words as a literary work to use the record or material taken from it (or to copy the record, or any such material, and use the copy) for that purpose, provided the following conditions are met.

(2) The conditions are that—

  1. (a) the record is a direct record of the spoken words and is not taken from a previous record or from a broadcaster cable programme;
  2. (b) the making of the record was not prohibited by the speaker and, where copyright already subsisted in the work, did not infringe copyright;
  3. (c) the use made of the record or material taken from it is not of a kind prohibited by or on behalf of the speaker or copyright owner before the record was made; and
  4. (d) the use is by or with the authority of a person who is lawfully in possession of the record.'.

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 52.

Moved, That the House do agree with the Commons in their Amendment No. 52.—(Lord Strathclyde.)

On Question, Motion agreed to.

(Amendment No. 52A not moved.)