§ Viscount St. Davids asked Her Majesty's Government:
§ Whether they will request a timetable from the Japanese Government for implementing the full 50-year retroactive copyright protection for foreign sound recordings in line with the new World Trade Organisation/TRIP (trade related intellectual property) obligations.
§ Baroness Miller of HendonMy Lords, I am glad to say that the Japanese Government have assured us that they intend to modify their copyright legislation so as to provide the full 50-year copyright protection for sound recordings. The Government will continue to press for the early enactment of this legislation.
Viscount St. DavidsMy Lords, I thank my noble friend for that mildly encouraging reply. At least it shows that the Japanese Government recognise that there is a problem. Will she go a little further and tell the House when she expects the Japanese Government to find the legislative time to change their laws?
§ Baroness Miller of HendonMy Lords, my noble friend is quite right: the change requires primary legislation. I do not think I gave a mildly encouraging reply. I thought that it was a rather nice reply. The timetable depends on when legislative time can be found. I understand that there is a possibility of a Bill being introduced this autumn if there is a special session of the Diet; otherwise it may have to wait until the next regular session of the Diet in early 1997. We shall continue to press the Japanese Government to introduce the legislation at the first possible opportunity.
§ Lord HaskelMy Lords, is the Minister aware that we need the money rather badly? On Monday, the Government reported that the trade gap for February was £1.5 billion, which was the largest monthly trade gap for six years. That payment from Japan to UK copyright holders would have made a very useful contribution to closing the gap. Does the noble Baroness agree that the Government should try yet harder?
§ Baroness Miller of HendonMy Lords, that was a very interesting version from the noble Lord opposite. I was very interested to hear it. As I said, the British Government are pressing the matter in every way that they can and the Japanese have assured us that they will act as soon as humanly possible.
Viscount St. DavidsMy Lords, the point raised by the noble Lord is very important. Is my noble friend aware 1644 that music contributes about £500 million a year net to our balance of payments and so far the British recording companies have lost the greater part of 120 million US dollars to Japanese piracy? When the Japanese laws are changed, does she know whether there will be any provision for recompense to the British companies?
§ Baroness Miller of HendonMy Lords, my noble friend is correct: there is a lot of money involved and certainly the music industry should be a large earner for us. So far as concerns backdating compensation, that backdating protection is difficult both legally and practically. But we shall look for adequate assurances about material that is already on the market when the change comes into force.