Viscount Bridgeman: With the leave of the House I shall speak also to Amendment 172A. These amendments centre around my continuing concerns, expressed also by several noble Lords, about the need for information on the regulations in the Bill. They are designed to ensure that copyright holders remain in control of their own creativity. Also, I share the concern which has been voiced elsewhere in the House that...
Viscount Bridgeman: I just say to the noble Lord, Lord Howarth, that we certainly did not intend to be disruptive in any way. I take on board the Minister's comment on Amendment 153A. Clearly, I am disappointed with his reply on the super-affirmative proposal. We all know the limitations of affirmative procedures and that they cannot be modified. However, I am grateful for his explanation and I beg leave to...
Viscount Bridgeman: I am very grateful for the Minister's compliments. I shall read very carefully what he said in reply to Amendment 292A and consult the noble Lord, Lord Clement-Jones. In the mean time, I beg leave to withdraw the amendment. Amendment 292A withdrawn. Amendments 292B and 292BA not moved. Amendment 292C Moved by Viscount Bridgeman 292C: After Clause 42, insert the following new Clause- "Moral...
Viscount Bridgeman: If I heard the noble Lord, Lord Clement-Jones, right, I think that press photographers are going to be used as a trading counter. I should like to speak briefly about them now. It is a logical and legal absurdity to talk of licensing works whose authors cannot be identified while there are still significant groups of authors who do not have the right to be identified. Authors' rights have a...
Viscount Bridgeman: I am grateful to the Minister and beg leave to withdraw the amendment. Amendment 292C withdrawn. Amendment 292D not moved. Schedule 2 : Licensing of copyright and performers' property rights Amendments 293 to 299 not moved. Amendments 299A to 299L Moved by Lord Young of Norwood Green 299A: Schedule 2, page 56, line 37, at end insert- "( ) A penalty imposed under sub-paragraph (2) must not be...
Viscount Bridgeman: Amendments 292A and 292B are joint amendments in the names of the noble Lord, Lord Clement-Jones, and myself. They should logically be transposed. Amendment 292A expands the effectiveness of Amendment 296ZG in the Copyright, Designs and Patents Act 1988. It is where a person is knowingly associated with a program to separate metadata. I am advised by everyone in industry that electronic...
Viscount Bridgeman: My Lords, the noble Lord, Lord Clement-Jones, an amendment or two ago, referred to the flabby brief that we have because so much of the regulation will be left outside the Bill for secondary legislation. It is the usual bleat from the Opposition that this happens. We accept that time has been very short on this one, and framing of the regulations has not been possible to date. I make a plea...
Viscount Bridgeman: I have two questions on Amendment 282AZA in this group. First, each licensing body has to maintain its own register, so will there be a central register accessible by all? Secondly, what period of notice is the licensing body required to give? I am envisaging a small photographer who may have just missed the announcement. How long will it remain on the public record?
Viscount Bridgeman: I am grateful for the Minister's reply to a wide variety of amendments. I beg leave to withdraw the amendment. Amendment 256ZA withdrawn. Amendment 256A not moved. Amendments 257 and 258 had been withdrawn from the Marshalled List.
Viscount Bridgeman: My Lords, this is a disparate group of amendments. Amendments 256ZA and 276A both carry on the criteria for collecting societies and are intended for the benefit of the framers of the regulations. They are designed to ensure that the collecting societies are accustomed by their work to dealing with the sort of institutions for which they will be granting licences. Amendment 259A was our...
Viscount Bridgeman: I omitted to remind the Committee that Amendment 280A is also aimed at commercial partners who seek to piggyback on a public library to get in on the act. The amendment is designed especially to prevent that.
Viscount Bridgeman: For the wholly owned subsidiary that is a trading subsidiary of a charity that cannot trade on its own account, commercial exploitation will be open to that subsidiary in any form.
Viscount Bridgeman: My Lords, I have clearly been unsuccessful in persuading the Minister and the noble Lord, Lord Howarth, that this provision facilitates the exploitation of orphan works incidentally without the expenses payable to a third party. It is a direct contract between the holder of the image and the user. I am sure that this matter will be revisited at later stages. In the mean time, I beg leave to...
Viscount Bridgeman: My Lords, I take issue with the noble Lord, Lord Howarth. He was suggesting that we did not have orphan works in mind at all. In fact, the exception proposal is exception from copyright. So, at that stage, anybody using an orphan work would not, in that respect, be infringing copyright. The requirements to search are common to both routes. I would be delighted to continue elsewhere.
Viscount Bridgeman: My Lords, as this is the first time I have spoken at this stage of the Bill, I declare an interest as a non-executive director of the Bridgeman Art Library, which is a photographic archive, and a member of the British Association of Picture Libraries and Agencies and the Creators' Rights Alliance, both of which have briefed me but not on this amendment. I shall not be pressing Amendment 255B...
Viscount Bridgeman: My Lords, before the noble Lord sits down, I am sure that we do not have to remind him that there are copyright holders-I am thinking particularly of small-time photographers-who are of very limited means and experience in this kind of practice. They are the ones that need to be protected in this Bill.
Viscount Bridgeman: My Lords, I must declare an interest, as my wife has a photographic archive and manages a collecting society. This is of more relevance to later stages of the Bill, but I declare it now for the record. I agree with my noble friend Lord Howard that we cannot agree with the amendment of the noble Lord, Lord Razzall, although we support his sentiments. The amendment, which proposes a system of...
Viscount Bridgeman: My Lords, I must first declare an interest in that I am a non-executive director of the Bridgeman Art Library, a company owned by my wife and family. The company is a photographic archive and a member of the British Association of Picture Libraries and Agencies. In turn, the association is a member of the Creators' Rights Alliance, which represents a wide spectrum of organisations in the...
Viscount Bridgeman: My Lords, I, too, thank the noble Lord, Lord Hylton, for introducing this important debate. It is imperative, given the serious effect that our country's policy has on thousands of people's lives that we get it right and employ regulations which allow genuine refugees to be welcomed into our country and ensure that those who should not be here, and who can go home, are required to go home...
Viscount Bridgeman: My Lords, after devolution of criminal justice powers to Northern Ireland, will this problem be devolved with it? Under what authority will the Northern Ireland Executive negotiate with the Irish Government?
