HL Deb 02 November 1988 vol 501 cc326-7

201 Leave out Clause 190 and insert the following new clause:

'Order as to disposal of illicit recording

.—(1) Where an illicit recording of a performance has been delivered up in pursuance of an order under section 183 or 186 or has been seized and detained in pursuance of the right conferred by section 184, an application may be made to the court—

  1. (a) for an order that it shall be forfeited to such person having performers' rights or recording rights in relation to the performance as the court may direct, or shall be destroyed or otherwise dealt with as the court may think fit, or
  2. (b) for a decision that no such order should be made.

(2) In considering what order (if any) should he made, the court shall consider whether other remedies available in an action for infringement of the rights conferred by this Part would be adequate to compensate the person or persons entitled to the rights and to protect their interests.

(3) Provision shall be made by rules of court as to the service of notice on persons having an interest in the recording, and any such person is entitled—

  1. (a) to appear in proceedings for an order under this section, whether or not he was served with notice, and
  2. (b) to appeal against any order made, whether or not he appeared;
and an order shall not take effect until the end of the period within which notice of an appeal may be giver, or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

(4) Where there is more than one person interested in a recording, the court shall make such order as it thinks just and may (in particular) direct that the recording be sold, or otherwise dealt with, and the proceeds divided.

(5) If the court decides that no order shoud be made under this section, the person in whose possession, custody or control the recording was before being delivered up or seized is entitled to its return.

(6) References in this section to a person having an interest in a recording include any person in whose favour an order could be made in respect of the recording under this section or under section (Order as to disposal of infringing copy or other article) or (Order as to disposal of infringing article, &c.) of this Act or section 58BA of the Trade Marks Act 1938 (which make similar provision in relation to infringement of copyright, design right and trade marks).

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 201.

Moved, That the House do agree with the Commons in their Amendment No. 201.—(Lord Strathclyde.)