HL Deb 15 December 1992 vol 541 cc514-6

4.14 p.m.

Viscount St. Davids rose to move, That the draft regulations laid before the House on 25th November be approved [13th Report from the Joint Committee].

The noble Viscount said: My Lords, these regulations amend the 1988 Copyright Designs and Patents Act in order to implement a Council directive on the legal protection of computer programs (91/250/EEC), which is due to be implemented in member states before 1st January 1993. I am pleased to tell noble Lords that the 1988 Act already complies with the main thrust of the directive, which is to afford copyright protection to computer programs and to grant copyright owners the same rights as for other literary works. Indeed, computer programs have been protected by copyright in the United Kingdom for some time, and the directive may be seen as an upward harmonisation to United Kingdom levels, which will increase protection for software products across the Community. An increase in legal protection in other member states will provide greater opportunities and greater confidence for industry to exploit markets elsewhere in the Community.

The regulations implement those provisions of the directive which do not precisely correspond to our current law. There are some changes to the scope of the rights enjoyed by owners of copyright in computer programs, some changed definitions, and some restriction on contractual freedom. The provisions all reflect the special nature of computer programs and will render the Act more relevant to the needs of both creators and users of programs.

Perhaps the most important of the changes is the exception to copyright which allows a user to convert a program from the form in which it will run on a computer into a form in which it can be read by a human programmer. That is to "decompile" the program. Because decompiling a program entails adapting and reproducing it, both of which are rights belonging to the copyright owner, this problem was the subject of intense debate during negotiations leading to the adoption of the directive. A balance was reached which allows users to decompile programs, but only in order to create programs which are able to work together. The rights of copyright owners are not eroded while greater opportunity for competition will be achieved.

Moved, That the draft regulations laid before the House on 25th November be approved [13th Report from the Joint Committee]—(Viscount St. Davids.)

Lord Peston

My Lords, I thank the noble Viscount, Lord St. Davids, for introducing the material before us. Essentially what we are discussing is copyright protection for computer programs. I have certain views on the subject, but I do not intend to air them today because the regulations are introduced to implement a Community directive. There is no point in arguing about it if such a directive exists, because that is what we are obliged to do.

I have only one question for the Minister, which I hope that he can answer. Can he assure me that the regulations are in conformity with the directive both precisely and entirely? That is my simple question. I hope that he can answer yes to both parts.

Viscount St. Davids

My Lords, I know that the noble Lord, Lord Peston, takes a particular interest in the law concerning copyright and patent and is well advised. I can give him the assurances that he seeks.

Lord Avebury

My Lords, may I ask the noble Viscount a couple of questions which arise from my interest in programs as a humble user and as the occasional writer of elementary pieces of software? The noble Viscount will be aware that there are many pieces of software that reside in the public domain and which can be accessed via bulletin boards, such as C routines, which can be incorporated in other programs. If somebody purports to copyright a program that contains these routines, does the copyright exclude those parts of the whole program which were formerly in the public domain and which are now incorporated in his application?

Secondly, as a result of this instrument do we have anything comparable in our law to the American "look and feel" legislation where if somebody writes a piece of software that emulates another program he may well have violated their copyright law? The noble Viscount will probably be aware of the expensive court cases that have occurred in the United States.

For example, if one buys a program which achieves a particular objective and it happens to be written in Pascal, and one achieves exactly the same objective so far as the user is concerned with exactly the same kind of interfaces to the user but one has written it in C, is that a violation of the copyright of the person who wrote the original program in Pascal? If the noble Viscount does not have the answer to those questions immediately, I should be grateful if he could write to me on some future occasion.

Viscount St. Davids

My Lords, I think that I can answer the first part of the noble Lord's question. I understand that copyright exists in the part of the program which is the intellectual input of the person who compiled the program. If, in putting together a long program, he takes pieces which are already in the public domain, they remain in the public domain and the copyright property belongs only to the person's own intellectual input. As to the second part of the noble Lord's question, I will write to him.

On Question, Motion agreed to.