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Digital Economy Bill [HL]

My Lords, I rise to speak in support of Amendment 255B, to which my name is added. Clause 42 delegates to the Secretary of State the power to settle regulations which will transfer a property right, the right to copy, from one person to another without consent. This is, in jurisprudential terms, a very significant derogation from widely accepted principles of law. I entirely accept, and indeed very much support, strong arguments for broadening public access to art works which are currently restricted by copyright law. However, unless the regulations are created with clear and adequate safeguards, the impact on the creation and dissemination of visual arts will be significant. A very positive aspect of Clause 42 is that it has generated considerable discussion and debate beyond your Lordships’ House, and highlighted some crucial aspects of copyright law which have been referred to by my noble friend Lord Bridgeman, and which I very much hope the Government will address in drafting the regulations. My noble friend referred to two letters published in the Times: one of 3 February with the headline, ““Unlock collections for digital access to all””, and another from today, ““We must not jeopardise the fundamental rights of their creators””. These letters explain why my noble friend Lord Bridgeman and I believed it important to propose a route to broadening public access to art works which are currently restricted by copyright law, while seeking to protect the fundamental rights of their creators. To those who care only for freeing up access for all, without regard to the future commercial viability of creators, I say, ““Be careful what you wish for””. As it stands, Clause 42 does not achieve this necessary effect. While I am conscious, as all in your Lordships’ House are, of the desirability of seeing this Bill passed, we must do all in our power to avoid unintended consequences which may do more harm than good—particularly in the longer term, given that none of us can predict where technology will take us and thereby test the boundaries of copyright in years to come.