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Digital Economy Bill [HL]

I declared an interest at the start of Committee but I should declare again that I am a literary executor. I have a great many concerns about the proposed new Section 116B and will be listening with interest to the Minister’s responses to the next few groups. Proposed new Section 116A targets a known problem that everyone wishes to see resolved. I am far less convinced about the need for such broad powers as are set out in proposed new Section 116B. Is there any evidence that copyright owners are proving incapable of handling their own rights? Are these provisions designed to help copyright owners assert their rights or are they to make it easier for would-be licensees to override the restrictions and limitations copyright owners wish to put on their work. It would be quite wrong and contrary to the spirit of the first part of the Bill if a natural desire on the part of the public—even for unimpeachable reasons such as education—to use material that is owned by someone should ever be allowed to override a copyright holder’s right to withhold the material. I am sure these provisions do not intend to do that but without stringent safeguards on the licensing bodies, on the types of material that fall under these schemes, and on the requirement to engage with copyright owners, it is quite possible that such abuses will occur. I believe, therefore, that a clear code of practice that covers these points is essential and I hope the Minister will agree.