New Clause 2 - USE OF NONPRINT PUBLICATIONS: COPYRIGHT ETC.

Legal Deposit Libraries Bill – in a Public Bill Committee at 6:00 pm on 4 June 2003.

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‘(1)In Chapter 3 of Part 1 of the 1988 Act (acts permitted in relation to copyright works), after section 44 insert—

“44ALegal deposit libraries

(1)Copyright is not infringed by the doing of anything in relation to relevant material permitted to be done under regulations under section (Use of nonprint publications) of the Legal Deposit Libraries Act 2003 (in this section, “the 2003 Act”).

(2)The Secretary of State may by regulations make provision excluding, in relation to prescribed activities done in relation to relevant material, the application of such of the provisions of this Chapter as are prescribed.

(3)Regulations under subsection (2) may in particular make provision about—

(a)anything done by prescribed descriptions of reader,

(b)anything done in relation to prescribed descriptions of relevant material,

(c)prescribed descriptions of activities done in relation to relevant material,

(d)such descriptions of such activites done other than in accordance with conditions prescribed in the regulations.

(4)Regulations under this section may make different provision for different purposes.

(5)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursaunce of a resolution of either House of Parliament.

(6)In this section—

(a)“reader” and “relevant material” have the same meaning as in section (Use of nonprint publications) of the 2003 Act;

(b)“prescribed” means prescribed by regulations made by the Secretary of State.”

(2)In Part III of the Copyright and Rights in Databases Regulations 1997 (S.I. 1997/3032) (database right), after Regulation 20 insert—

“Exceptions to database right: deposit libraries

20A.(1)Database right in a database is not infringed by the doing of anything in relation to relevant material permitted to be done under regulations under section (Use of nonprint publications) of the Legal Deposit Libraries Act 2003 (in this Regulation, “the 2003 Act”).

(2)Regulations under section 44A(2) of the 1988 Act exclude the application of paragraph (1) in relation to prescribed activities in relation to relevant material as (and to the extent that) they exclude the application of section 44A(1) of that Act in relation to those activities.

(3)In this Regulation, “relevant material” has the same meaning as in section (Use of nonprint publications) of the 2003 Act.”.’.

[Mr. Mole.]

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

Schedule agreed to.

Bill, as amended, to be reported.

Committee rose at two minutes past Six o’clock.