Clause 4 — Obligation to notify subscribers of reported infringements

Part of Business of the House – in the House of Commons at 9:30 pm on 7 April 2010.

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Photo of John Hemming John Hemming Liberal Democrat, Birmingham, Yardley 9:30, 7 April 2010

I start by declaring some interests. I am a member of the BPI, the Performing Right Society and the Musicians Union, and I have also run e-commerce companies for more than 10 years.

The Bill is a complete mess. There is a real problem, and, to be fair, a lot of the market for music is among younger people, so although the industry overestimates the amount of money that it would gain from having a very much more restrictive approach on download, a lot of the music business is involved in selling to teenagers and perhaps even younger children at times. There is an issue here; there is no question about it. Musicians need a way of getting their return.

The first problem is trying to deal with a very complex issue in the wash-up. It is a completely absurd thing to do. I accept that the industry has had to wait four years for this, but that is not a reason to do it all in one night or two nights. That is a reason to drop clauses 11 to 18 and new clause 1 from the Bill and examine the matter properly in the new Parliament.

The dangers lie with sites such as WikiLeaks, which is a good example to look at. It publishes leaked Government information, on which Governments always have the copyright. A recent example is the US air force video, which it published. Copyright exists with the US Government, who under the Bill could, and would want to, apply to ban WikiLeaks from the UK. That provision is clearly in the Bill. Yesterday I gave the example of freedom of information. Most local authorities, when they send people freedom of information requests, say, "By the way, we keep the copyright on this." They keep the copyright, and they could say, "There are websites that report on freedom of information requests, and they can be banned as well." I know that it sounds absurd.

This debate comes down to the fact that we need to review copyright, fair use and where copyright does and does not exist. On the one hand, the Government are imposing massive restrictions on copyright, whereby any situation involving any vague copyright suddenly means banning everyone in the family from the internet. On the other, the Government are taking from a television programme a picture of an Audi Quattro and mashing it up-and then somebody else is doing the same thing. We have that absurdity.

In my previous life I did a little computer programming for my casework system, and I still do. With computer programming, a small amount of code can have a massive impact. A plane that flies on duff computer programming can actually crash, and the same applies to laws. Computer programming involves testing, and the lesson is that we should test things rigorously before letting them go live. With laws we have scrutiny, and that process should be rigorous, particularly when it involves something that is a part of so many people's daily lives.

The amendments are welcome, but the Government's big mistake has been to take on this most complex issue, which has wide implications. WikiLeaks is a good example to consider, as are the websites that report on freedom of information requests, because the Bill would give the US Government the opportunity to ban people from looking at WikiLeaks. I am sure that the Government do not wish to achieve that end, but the way to deal with the issue is not to push the Bill through in two nights without any adequate scrutiny, and not to push through new clause 1 or clauses 11 to 18-although I understand that clause 18 will actually be disagreed to. The way to deal with the issue properly is to spend some time on it in the new Parliament, so that it can be examined from all angles. There is a real problem, but let us not make a real mess of it in order to deal with just one aspect.

Annotations

Kaihsu Tai
Posted on 9 Apr 2010 3:33 pm (Report this annotation)

Sorry to nitpick, but the federal government of the United States of America cannot by law own any copyright. However Mr Hemming’s point may still stand with other foreign governments.