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Digital Economy Bill [HL]

We said we would reflect on the definition in light of the previous contribution. The second provision is to allow for extended licensing schemes to be authorised by the Secretary of State. Currently, rights clearance can be complex and time consuming. We aim to help simplify and update the process by allowing an authorised licensing body, under appropriate circumstances, to grant copyright licences on behalf of copyright owners from whom it does not have specific authority to act. As with orphan works, those authorised to operate extended licensing schemes will be subject to safeguards to achieve a balance between the interests of creators, users and stakeholders. Thirdly, where a licensing body’s own system of self-regulation is failing, the Secretary of State will have the power to require the licensing body in question to adopt a code of practice that meets requirements in the regulations. Our intention here is that licensing bodies should be subject to these requirements if they are authorised to license orphan works or to carry out extended licensing. All other licensing bodies should put in place systems of self-regulation. Fourthly, equivalent powers are introduced for performers’ property rights, together with a definition of ““orphan rights””. On consultation before secondary legislation is drafted and before the first schemes are set up, we recognise that different sectors have different needs. That is why we have tried to draft this legislation to give flexibility in the way orphan work schemes are set up and run. If we find that certain types of work, such as contemporary photography, cannot be included in this framework without causing harm to rights holders then we will have the flexibility to exclude them from any schemes. However, this is not something we can say today and it will be consulted on widely before regulations are drafted. On moral rights, we recognise that some creators have concerns about the current moral rights system. We also know that many users of copyright material will be equally concerned about any change to that system. Intellectual Property Office officials have carried out an informal review of this issue and will continue to work to identify any evidence for change. It would not be right to make any changes to the moral rights system until we have evidence from all sides of the debate. This clause will ensure that we are able to access our cultural heritage and utilise modern licensing schemes, while still, as I said, ensuring that copyright owners and owners of performers’ rights control the use of their work and are paid for that use if they wish. Nothing in these provisions is intended to undermine that principle. Indeed, the inclusion of an opt-out for rights holders in both cases will ensure that they retain control of their rights. The Government intend to consult extensively on the detail of regulations before they are made by the Secretary of State under these powers.