§ 298 Schedule 1, page 129, line 49, at end insert—
§ '(2) However—
- (a) copyright subsists in the sound recording only if copyright subsisted in the film immediately before commencement, and it continues to subsist until copyright in the film expires;
- (b) the author and first owner of copyright in the film shall be treated as having been author and first owner of the copyright in the sound recording; and
- (c) anything done before commencement under or in relation to the copyright in the film continues to have effect in relation to the sound recording as in relation to the film.'.
§ Lord Strathclyde
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 298.
As your Lordships may recall, the Copyright Act 1956 treats film soundtracks as part of a film, whereas the Bill treats them as sound recordings. Paragraph 8 of Schedule 1 provides that once the Bill comes into force a film sound track made before commencement of the Bill, which at present is treated as part of the film, will be treated as a sound recording. Pargraph 8 does, however, leave several questions unanswered. It is not clear whether the rights in the soundtrack continue to be those in the film of which it is treated under the 1956 Act as being part.
Amendment No. 298 clarifies this. It provides that the sound recording will enjoy copyright protection only if copyright subsisted in the film immediately prior to commencement. Authorship and first ownership of copyright will vest in the author and first owner of copyright in the film, and copyright in the sound recording will last until copyright in the film expires. Any transactions or other dealings in the copyright in the film which were effected before the Bill comes into force will continue to apply in relation to the soundtrack.
§ Moved, That the House do agree with the Commons in their Amendment No. 298.—(Lord Strathclyde.)
§ On Question, Motion agreed to.