HL Deb 02 November 1988 vol 501 cc254-5

57 Clause 60, page 22, line 34, at end insert—

'(2) Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with for any other purpose, it shall be treated as an infringing copy for the purposes of that dealing, and if that dealing infringes copyright for all subsequent purposes.

For this purpose "dealt with" means sold or let for hire, offered or exposed for sale or hire, exhibited in public or distributed.'.

58 Clause 63, page 23, line 2, leave out from beginning to 'shall' in line 4 and insert— 'The Secretary of State may by order provide that in such cases as may be specified in the order the rental to the public of copies of sound recordings, films or computer programs'.

59 Page 23, line 6, after 'royalty', insert 'or other payment'.

60 Page 23, line 8, leave out 'Subsection (1) does not' and insert 'No such order shall'.

61 Page 23, line 10, at end insert— '(2A) An order may make different provision for different cases and may specify cases by reference to any factor relating to the work, the copies rented, the renter or the circumstances of the rental. (2B) An order shall be made by statutory instrument; and no order shall be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament'.

62 Page 23, line 11, leave out 'hiring' and insert 'rental'.

63 Page 23, line 13, at end insert 'in electronic form'.

64 Page 23, line 14, leave out subsection (4).

65 Page 23, line 22, leave out 'hiring' and insert 'rental'.

66 Clause 65, page 24, line 10, leave out subsection (4) and insert—

'(4) A recording, film, photograph or copy made in accordance with this section shall be treated as an infringing copy—

  1. (a) for the purposes of any use in breach of the condition mentioned in subsection (3)(a), and
  2. (b) for all purposes after that condition or the condition mentioned in subsection (3)(b) is broken'.

67 Clause 66, page 24, line 12, at beginning insert— '( ) Copyright is not infringed by the making or use by the British Broadcasting Corporation, for the purpose of maintaining supervision and control over programmes broadcast by them, of recordings of those programmes.'.

68 Page 24, line 20., after 'by', insert'—

  1. (a) the making by or with the authority of the Cable Authority, or the use by that Authority, for the purpose of maintaining supervision and control over programmes included in services licensed under Part I of the Cable and Broadcasting Act 1984, of recordings of those programmes; or
  2. (b)'.

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 57 to 68 en bloc. These amendments have already been spoken to when we dealt with Amendment No. 27.

Moved, That the House do agree with the Commons in their Amendments Nos. 57 to 68 en bloc.—(Lord Strathclyde.)

On Question, Motion agreed to.