Copyright

HC Deb 18 June 1986 vol 99 cc562-3W

24. Mr. Thurnham

asked the Secretary of State for Trade and Industry what recent representations he has received from the Arts Council and the Royal Academy about statutory exceptions to the basic rule at to first ownership of copyright in commissioned works of art; and if he will make a statement.

Mr. Pattie

A letter from the chairman of the Arts Council was received last week setting out the view of that body and the Royal Academy of Art that section 4(3) of the Copyright Act 1956 should be repealed. Section 4(3) provides that, subject to agreement to the contrary, the copyright in a commissioned photograph, painted or drawn portrait or an engraving belongs to the commissioner and not the artist. As announced in the recent White Paper "Intellectual Property and Innovation", the Government have concluded that it is unnecessary and undersirable to amend either the basic ownership provision or the existing specific exception covering commissioned works. We will, however, look at the matter again in the light of these representations.

30. Mr. Fisher

asked the Secretary of State for Trade and Industry whether he will seek to incorporate into United Kingdom law the provision of article 2(6) of the Paris text of the Berne convention relating to copyright protection for the authors of commissioned portraits; and if he will make a statement.

Mr. Pattie

Section 4 of the Copyright Act 1956 is consistent with article 2(6) of the Paris text of the Berne convention. No further provision is therefore required.

31. Mr. Watts

asked the Secretary of State for Trade and Industry what representations he has received in response to the White Paper entitled, "Intellectual Property and Innovation".

Mr. Pattie

The Government have so far received approximately 90 written representations in response to the White Paper "Intellectual Property and Innovation". The White Paper makes proposals for reforming the law relating to copyright and designs and for improving the way in which the United Kingdom's intellectual property system operates as a whole. Many of the representations received are therefore very wide-ranging.