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Digital Economy Bill [HL]

299A: Schedule 2, page 56, line 37, at end insert— ““( ) A penalty imposed under sub-paragraph (2) must not be greater than £50,000.”” 299B: Schedule 2, page 57, line 31, leave out ““a right ceases to be an orphan right”” and insert ““an interest in a performer’s property rights ceases to be included in an orphan rights register (see paragraph 1BA)”” 299C: Schedule 2, page 57, leave out lines 36 to 40 299D: Schedule 2, page 58, line 4, after ““recording”” insert ““, unless it is a recording made from or included in a broadcast”” 299E: Schedule 2, page 58, line 9, at end insert— ““1BA (1) A right is an orphan right, for the purposes of an authorisation given or to be given to a person (an ““authorised person””) under paragraph 1A or 1B, if any interest in the performer’s property rights concerned is entered in a register maintained for the purposes of this paragraph by that person (an ““orphan rights register””). (2) An authorisation in respect of an orphan right does not affect the need for any consent— (a) from the owner of an interest not entered in the authorised person’s orphan rights register (except in the case of an authorisation under paragraph 1B 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 rights register unless the authorised person— (a) has complied with the requirements of sub-paragraph (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 rights register relating to an interest in a performer’s property rights must include the record kept in accordance with sub-paragraph (8)(c). (5) If an authorised person finds the owner of an interest entered in that authorised person’s orphan rights register, the authorised person must remove the entry. (6) If in relation to an interest entered in an authorised person’s orphan rights register, the authorised person— (a) is aware that the requirements of sub-paragraph (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 sub-paragraph (8) or remove the entry. (7) A failure by an authorised person to comply with any of sub-paragraphs (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 sub-paragraph in respect of any interest in a performer’s property rights 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 rights 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 sub-paragraph (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 sub-paragraph (10), relating to the apparent country of origin of the recording concerned, and (b) have regard to any presumptions under section 105 that would apply in relation to the recording in any proceedings. (10) The sources referred to in sub-paragraph (9)(a) are— (a) licensing bodies; (b) public funding bodies; (c) trade unions and trade associations; (d) systems for identifying recordings of the type concerned; (e) published library catalogues and indexes; (f) public databases, including public records that may indicate successors in title. (11) For the purposes of sub-paragraph (9)(a) a recording’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 recording’s first publication, or (b) if the recording 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 sub-paragraph (8) have been complied with. (13) The Secretary of State may by regulations amend any of the preceding provisions of this paragraph.”” 299F: Schedule 2, page 58, line 13, at end insert ““(and section 116D accordingly applies as if references to Part 1 included references to this Part).”” 299G: Schedule 2, page 58, line 14, leave out ““and 1B”” and insert ““to 1BA”” 299H: Schedule 2, page 58, leave out line 19 299J: Schedule 2, page 58, line 21, at end insert— ““( ) The power referred to in sub-paragraph (1)(a) to make consequential provision includes power to amend this Part.”” 299K: Schedule 2, page 58, line 22, leave out ““and 1B”” and insert ““to 1BA”” 299L: Schedule 2, page 58, line 27, leave out from beginning to ““may”” in line 28 and insert ““(4) Sub-paragraph (5) applies to a statutory instrument containing any of the following— (a) the first regulations made under paragraph 1A; (b) the first regulations made under paragraph 1B; (c) regulations under paragraphs 1A to 1BA amending paragraph 1BA or another provision of this Part. (5) The statutory instrument”” Amendments 299A to 299L agreed. Schedule 2, as amended, agreed. Clause 43 agreed. Clause 44 : Public lending right Amendment 300 Clause 44 : Public lending right Amendment 300 Moved by