HL Deb 02 November 1988 vol 501 cc237-8

31 Clause 31, page 13, line 13. after 'work, 'insert', words spoken or sung with music,'. 32 Page 13, line 14, after 'work' insert 'or such words'.

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 31 and 32 en bloc.

These amendments both concern Clause 31, which provides an exception from copyright in respect of the incidental inclusion of works in an artistic work, sound recording, film, broadcast or cable programme. Your Lordships will recall that we had several debates on this clause when the Bill was previously before your Lordships' House. These amendments do not re-open the issues we discussed then but correct a simple anomaly which came to light when the Bill was in another place.

The deficiency in question concerns subsection (3) and arises in that the effect of that subsection is restricted to musical works, i.e. music only. It should of course cover music and lyrics, so that where a song is used as the background music in a film, perhaps during the opening or closing credits, the consent of both the lyricist and composer are required. Amendments Nos. 31 and 32 will amend Clause 31 so that the literary work (that is the words of a song) are treated in the same way as the musical work (that is the music) for the purposes of Clause 31.

Moved, That the House do agree with the Commons in their Amendments Nos. 31 and 32 en bloc.—(Lord Strathclyde.)

Lord Peston

My Lords, we have no objection to the amendment. However, I should like to question the meaning of the words in connection with the anomaly. If the other place says that there was an anomaly which needed correcting it would not be right for us to say that we are puzzled. However, if you were to say "a song", I would assume that you meant the music and the words. If you were to say "a musical work", I would assume that, if it were an opera, you meant the music and the words. Although we do not object to adding the amendment, it appears to me to be completely irrelevant on any meaning of the words in the Bill.

I do not want to delay the House or to have a long interchange on grammar and the meaning of language. However, in this case I am taken aback by the fact that the Government should decide that a song does not mean the words and the music. We accept the amendment.

Lord Willis

My Lords, surely my noble friend is speaking innocently. Is he not aware of the legal profession and what its members can do to words?

Lord Howie of Troon

My Lords, I believe that the Government have in mind an opera—for the moment I have forgotten the name—in which the soprano sings "The last rose of summer". Perhaps they have in mind an instance of that nature.

On Question, Motion agreed to.