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Digital Economy Bill [HL]

My Lords, the Government have finally accepted, late in the day, that something needs to be done to address a long-running problem. However, unfortunately, they have failed to work out a solution or done the necessary preparatory work before coming to Parliament to demand extensive new powers. The question of whether orphan works should be licensed and used and the best way to do that has been around for many years. For some time, there have been calls for Government action on this point. There has been plenty of opportunity to produce properly thought-out legislation rather than what we debate today. Many stakeholders have welcomed this clause with enthusiasm. It must have been deeply frustrating for organisations storing endless corridors of fascinating material which cannot be used, distributed or displayed. I sympathise with their relief that finally these treasure troves will be opened up. However, that relief should not cloud the consideration of whether the final scheme is appropriate, fair or sensible. The desire to use genuine orphan works must not lead to any weakening of legitimate copyrights. Such a move would be deeply unfair and would sit most uncomfortably with the first part of the Bill, which is all about protecting copyright. So far, the Government have told us little about how an orphan works scheme will operate. Any safeguards in this Bill, such as the code under which the licensing bodies might operate, are optional. There is nothing in the Bill, as currently drafted, to require a licensed body to make appropriate efforts to find the copyright owner, nor to require that copyright owners will be suitably recompensed if they turn up. Indeed, there is no guarantee that the scheme will do what it is intended to do. That is, allow organisations to use orphan works without fear of future legal action. The noble Viscount’s amendments make a good start in filling in some of these blanks. I look forward to hearing the Minister’s response.