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Digital Economy Bill [HL]

292C: After Clause 42, insert the following new Clause— ““Moral rights (1) The Copyright, Designs and Patents Act 1988 (the ““1988 Act””) is amended as follows. (2) For section 78 (requirement that right be asserted) substitute— ““78 Moral rights (1) The rights conferred by this Chapter (moral rights) are— (a) exercisable without formality in unpublished works, (b) exercisable without formality in works made available to the public after this section comes into force. (2) There shall be no cause of action for omission of attribution in re-publication of a work that was legitimately made available before the commencement of this section, unless the rights conferred by this Chapter were asserted at the time.”” (3) In section 79 (exceptions to right)— (a) at the end of subsection (3) insert ““except in the case of works created after section (Moral rights) of the Digital Economy Act 2010 comes into force””, (b) omit subsection (5), and (c) omit subsection (6)(a). (4) In section 81 (exceptions to right)— (a) omit subsection (3), and (b) omit subsection (4)(b). (5) For section 205D (requirement that right be asserted) substitute— ““205D Requirement that right be asserted (1) The right conferred by section 205C shall be exercisable without formality. (2) There shall be no cause of action for omission of attribution in re-publication of a work that was legitimately made available before the commencement date of this section, unless the rights conferred by Chapter IV (moral rights) were asserted at the time.”” (6) In section 205G (exceptions to right) omit subsection (2).