HL Deb 02 November 1988 vol 501 cc350-1

271 Before Clause 276, insert the following new clause:

'Devices designed to circumvent copy-protection

—(1) This section applies where copies of a copyright work are issued to the public, by or with the licence of the copyright owner, in an electronic form which is copy-protected.

(2) The person issuing the copies to the public has the same rights against a person who, knowing or having reason to believe that it will be used to make infringing copies—

  1. (a) makes, imports, sells or lets for hire, offers or exposes for sale or hire, or advertises for sale or hire, any device or means specifically designed or adapted to circumvent the form of copy-protection employed, or
  2. (b) publishes information intended to enable or assist persons to circumvent that form of copy-protection,
as a copyright owner has in respect of an infringement of copyright.

(3) Further he has the same rights under section 94 or 95 (delivery up or seizure of certain articles) in relation to any such device or means which a person has in his possession, custody or control with the intention that it should be used to make infringing copies of copyright works, as a copyright owner has in relation to an infringing copy.

(4) References in this section to copy-protection include any device or means intended to prevent or restrict copying of a work or to impair the quality of copies made.

(5) Expressions used in this section which are defined for the purposes of Part I of this Act (copyright) have the same meaning as in that Part.

(6) The following provisions apply in relation to proceedings under this section as in relation to proceedings under Part I (copyright)—

  1. (a) sections 100 to 102 of this Act (presumptions as to certain matters relating to copyright), and
  2. (b) section 72 of the Supreme Court Act 1981, section 15 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 and section 94A of the Judicature (Northern Ireland) Act 1978 (withdrawal of privilege against self-incrimination in certain proceedings relating to intellectual property);
and section (Order as to disposal of infringing copy or other article) of this Act applies, with the necessary modifications, in relation to the disposal of anything delivered up or seized by virtue of subsection (3) above.'

Lord Young of Graffham

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 271. I shall speak also to Amendment No. 410, which inserts an appropriate reference in the Long Title of the Bill.

As technology advances it is becoming more and more possible to provide technical means of preventing or inhibiting copying. However, no sooner have the copyright interests devised a way of protecting themselves than someone produces a black box to circumvent it. Amendment No. 271 is intended to prevent such circumvention.

I believe that there is support from all sides for the underlying principle of this clause—that people should not be free to pick the locks that have been put on intellectual property. Indeed, several of your Lordships advanced the case for provisions along these lines when the Bill was in this House and my noble friend Lord Beaverbook indicated that we accepted the case, although it was a difficult principle to incorporate into legislation. This new clause follows consideraton of a number of representations from the record, film and computer industries and I believe we now have a most useful and important addition to the Bill to assist in the protection of copyright.

Moved, That the House do agree with the Commons in their Amendment No. 271—(Lord Young of Graftham.)

On Question, Motion agreed to.