§ 142 Clause 137, page 58, line 20, leave out 'clearly identifies the works to which it relates' and insert 'enables the works to which it relates to be identified with sufficient certainty by persons likely to require licences'.
§ Lord Young of GraffhamMy Lords, I beg to move that the House do agree with the Commons in their Amendment No. 142.
The purpose of certification under Clause 137 is to publicise the ending of the free use of works under the various exceptions in Chapter III. Thus if a broadcaster sets up a licensing scheme for educational recording of broadcasts, the process of 307 certification provides a warning to schools that they can no longer copy freely from the broadcasts in question.
It has been brought to our attention that the criteria for certification cannot readily be met for certain kinds of licensing schemes. The Bill provides that the Secretary of State has to be satisfied that the scheme "clearly identifies" the works to which it relates. Those who are involved in the licensing of educational broadcasts have pointed out that their scheme involves the licensing of individual programmes rather than programmes of a particular description. Precisely which programmes are covered cannot be established until programming information is available a week or so before the broadcast takes place; i.e., when the Radio Times or TV Times is published.
The amendment relaxes the criteria for certification by requiring instead that the scheme enables potential licensees to identify the works to which the licence relates. It will not therefore be necessary for certification to depend upon the clear identification of works in the scheme itself. It will be possible for the scheme to specify instead where the public can obtain the necessary information. This gives these provisions a useful degree of flexibility.
§ Moved, That the House do agree with the Commons in their Amendment No. 142.—(Lord Young of Graffham.)
§ On Question, Motion agreed to.