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Digital Economy Bill [HL]

282AZA: Clause 42, page 46, line 42, at end insert— ““116BA Orphan works: supplementary (1) A work is an orphan work, for the purposes of an authorisation given or to be given to a person (an ““authorised person””) under section 116A or 116B, if any interest in copyright in the work is entered in a register maintained for the purposes of this section by that person (an ““orphan works register””). (2) An authorisation in respect of an orphan work does not affect the need for any consent— (a) from the owner of an interest not entered in the authorised person’s orphan works register (except in the case of an authorisation under section 116B that extends to other interests), or (b) from the owner of an interest that is entered in that register, if the authorisation does not apply to that interest. (3) An authorised person must not enter an interest in an orphan works register unless the authorised person— (a) has complied with the requirements of subsection (8) in respect of that interest and has not found the owner of the interest, or (b) has reasonable grounds for believing that another person has complied with those requirements in respect of that interest and that the owner of that interest has not been found. (4) An entry in an orphan works register relating to an interest in copyright must include the record kept in accordance with subsection (8)(c). (5) If an authorised person finds the owner of an interest entered in that authorised person’s orphan works register, the authorised person must remove the entry. (6) If in relation to an interest entered in an authorised person’s orphan works register, the authorised person— (a) is aware that the requirements of subsection (8) were not complied with, or (b) is aware of information that makes it no longer reasonable to rely on what was done in compliance with those requirements, the authorised person must comply as soon as possible with the requirements of subsection (8) or remove the entry. (7) A failure by an authorised person to comply with any of subsections (3) to (6) in relation to an interest to which an authorisation applies— (a) does not affect the authorisation in relation to that interest, except so far as regulations may provide, but (b) is actionable as a breach of statutory duty owed to the owner of that interest. (8) The requirements of this subsection in respect of any interest in copyright are— (a) to carry out a reasonable search to find or, if necessary, to identify and find, the owner of the interest, (b) after the search, to publish notice of the proposal to enter the interest in an orphan works register, in a way designed to bring the proposal to the attention of the owner of that interest, and (c) to keep a sufficient record of the steps taken under paragraphs (a) and (b) and of the results of those steps. (9) For the purposes of subsection (8)(a) the person carrying out the search must in particular— (a) make such use as is reasonable of sources of information, including sources within subsection (11), relating to the work’s apparent country of origin, and (b) have regard to any presumptions under section 104 or 105 that would apply in relation to the work in any proceedings. (10) The sources referred to in subsection (9)(a) are— (a) licensing bodies; (b) associations of publishers or authors; (c) systems for identifying works of the type concerned; (d) published library catalogues and indexes; (e) public databases, including public records that may indicate successors in title. (11) For the purposes of subsection (9)(a) a work’s apparent country of origin is the country which the person carrying out the search reasonably believes is most likely to be— (a) the country of the work’s first publication, or (b) if the work has not been published, the country with which its making is most closely connected. (12) Any guidance issued by the Secretary of State must be taken into account in deciding whether the requirements of subsection (8) have been complied with. (13) The Secretary of State may by regulations amend any of the preceding provisions of this section.”” Amendment 282AZA agreed. Amendments 282ZA to 282ZD not moved. Amendment 282ZE Moved by