HL Deb 02 November 1988 vol 501 cc324-5

193 After Clause 184, insert the following new clause:

'Meaning of "illicit recording"

.—(1) In this Part "illicit recording", in relation to a performance, shall be construed in accordance with this section.

(2) For the purposes of a performer's rights, a recording of the whole or any substantial part of a performance of his is an illicit recording if it is made, otherwise than for private purposes, without his consent.

(3) For the purposes of the rights of a person having recording rights, a recording of the whole or any substantial part of a performance subject to the exclusive recording contract is an illicit recording if it is made, otherwise than for private purposes, without his consent or that of the performer.

(4) For the purposes of sections 185 and 186 (offences and orders for delivery up in criminal proceedings), a recording is an illicit recording if it is an illicit recording for the purposes mentioned in subsection (2) or subsection (3).

(5) In this Part "illicit recording" includes a recording falling to be treated as an illicit recording by virtue of any of the following provisions of Schedule 2—

paragraph 3(2A) (recordings made for purposes of instruction or examination),

paragraph 5(1A) (recordings made by educational establishments for educational purposes),

paragraph 11(2) (recordings of performance in electronic form retained on transfer of principal recording), or

paragraph 13(3) (recordings made for purposes of broadcast or cable programme),

but otherwise does not include a recording made in accordance with any of the provisions of that Schedule.

(6) It is immaterial for the purposes of this section where the recording was made.'.

Lord Young of Graffham

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 193. This is in a group of drafting amendments concerning the term "illicit recording". They are analogous to amendments the House accepted in Part I to clarify the definition of "infringing copy". As we have seen, Schedule 2 contains exceptions from rights in performances. The problem with the existing definition of "illicit recording" in Clause 195 is that it treats all recordings made in accordance with that schedule in the same way. But that is no more appropriate than was a single approach to "infringing copy" in Part I of the Bill. Therefore, just as in Part I the meaning of "infringing copy" varies between different exceptions in Chapter III of that part, so the meaning of "illicit recording" should vary as between different exceptions in Schedule 2.

This involves the deletion of Clause 195 and its replacement by a new clause to follow Clause 184. Subsection (5) of the new clause refers to the various exceptions in Schedule 2 which make specific provision in respect of subsequent dealing with illicit recordings.

Moved, That the House do agree with the Commons in their Amendment No. 193.—(Lord Young of Graffham.)

On Question, Motion agreed to.