New clause 4 - Licensing schemes

Copyright (Visually Impaired Persons) Bill – in a Public Bill Committee at 11:30 am on 1st May 2002.

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'In the Copyright, Designs and Patents Act 1988 (c. 48), after section 31C insert—

''31D Licensing schemes

(1) Section 31B does not apply to the making of an accessible copy in a particular form if—

(a) a licensing scheme operated by a licensing body is in force under which licences may be granted by the licensing body permitting the making and supply of copies of the copyright work in that form;

(b) the scheme is not unreasonably restrictive; and

(c) the scheme and any modification made to it have been notified to the Secretary of State by the licensing body.

(2) A scheme is unreasonably restrictive if it includes a term or condition which—

(a) purports to prevent or limit the steps that may be taken under section 31B or 31C; or

(b) has that effect.

(3) But subsection (2) does not apply if—

(a) the copyright work is no longer published by or with the authority of the copyright owner; and

(b) there are reasonable grounds for preventing or restricting the making of accessible copies of the work.

(4) If section 31B or 31C is displaced by a licensing scheme, sections 119 to 122 apply in relation to the scheme as if it were one to which those sections applied as a result of section 117.''.'.—[Rachel Squire.]

Brought up, read the First and Second time, and added to the Bill.