§ 72 Clause 70, page 26, line 1, leave out subsection (1) and insert—
§ '(1) A designated body may, for the purpose of providing people who are deaf or hard of hearing with copies which are sub-titled or otherwise modified for their special needs, make copies of television broadcasts or cable programmes and issue copies to the public, without infringing any copyright in the broadcasts or cable programmes or works included in them.".
§ Lord Young of GraffhamMy Lords, I beg to move that the House do now agree with the Commons in their Amendment No. 72. Clause 70 allows recordings of broadcasts and cable programmes to be made without infringing copyright in cases where the recordings are made for the purpose of applying subtitles or other modifications (such as sign language) for deaf people. It was included in the Bill following representations from bodies representing deaf and hearing-impaired people.
The benefit of this provision would of course he largely lost if it applied only to making copies but did not cover the issue to the public of copies which have been subtitled under this clause. Amendment No. 72 rectifies our oversight in drafting the clause. The exception now applies to two restricted acts, the making of copies and the issue of copies to the public.
The noble Lord, Lord Williams of Elvel, has tabled an amendment which would extend the benefit of this limited exception to those suffering from physical or mental handicaps other than hearing impediments. I shall leave it to him to speak in favour of his amendment. Suffice to say that it is a worthy amendment and one that I am happy to accept.
The noble Lord has had one or two notable successes on the Bill, not least in supporting the noble Lord. Lord Callaghan, with the Peter Pan amendments to assist Great Ormond Street Hospital. This is another meritorious suggestion on his part that we are pleased to take up.
§ Moved, That the House do agree with the Commons in their Amendment No. 72.—(Lord Young of Graffham.)