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Digital Economy Bill [HL]

Amendments 261 and 262 seek to insert some of the detail on orphan works into the Bill. The Government have had ongoing discussions with stakeholders on this area of policy and have committed to a full and wide-ranging consultation to inform the detail of the orphan works regulations. This consultation will allow the Secretary of State to ensure that the use of the powers in Section 116(3) results in a workable system for the deduction of costs that are reasonable, and it will also deal with the issue raised in Amendment 262 as it will inform the correct determination of the period for which royalties should be held. Amendments 264 and 267 seek replace the word ““may”” with ““shall”” to make it mandatory for certain matters to be included in the secondary legislation covering the operation of orphan works schemes. Permissive language has been used to reflect the Government’s commitment to consultation before finalising the regulations. On the specific points made by the noble Lord, Lord Howard, on royalties and costs, we shall write not just to him but to all who have participated in this debate to see whether we can put a bit more flesh on the bones. In light of those comments and assurances, I hope that the noble Lord will feel able to withdraw the amendment.