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Digital Economy Bill [HL]

My Lords, I rise to propose this super-group of government amendments, aimed at addressing noble Lords’ concerns expressed in Committee and at Second Reading. The overall effects of these amendments are to introduce a plain English definition of an orphan work; make the search requirement "diligent"; make orphan works registers more easily accessible; make it compulsory for the treatment of royalties to be regulated; specify what topics must be covered in the codes; extend regulation to all authorised bodies; and make it compulsory for the Secretary of State to consult on the conditions for authorisation of orphan works and extended licensing schemes with those likely to be affected by the establishment of such schemes. Amendment 156 inserts the plain English definition of orphan works called for during our previous debate. The search is now required to be diligent rather than reasonable. The definition and the sources that must be searched are in line with best practice, particularly the recommendations of the High Level Expert Group on Digital Libraries. Some of your Lordships had concerns about the registers for orphan works. Amendment 156 provides for the regulations to specify the format of these registers and for them to be publicly available. This will facilitate ease of searching for rights holders. To create a system that incentivises searching for the copyright owner, we have made provision in Amendment 156 for non-compliance to be actionable as a breach of statutory duty. The Secretary of State may impose sanctions, including a financial penalty, where the authorised person is in breach of its authorisation requirements—for example, failing to search diligently the required sources. Amendment 157 provides for the regulation of any authorised body or person, while Amendment 169 may require them to adopt codes of practice. Some of your Lordships expressed concerns about the other persons being authorised. I hope that the extension of the regulation will reassure noble Lords that the safeguards apply to all persons authorised. Amendment 159 introduces a requirement to consult those who may be affected by an authorisation for orphan works or by extended licensing. This could be used to consult on questions such as whether a body is sufficiently representative to be granted an authorisation or whether a majority—and if so, what majority—of rights holders would need to agree to the establishment of a scheme before it could be authorised. Amendment 177 sets out the topics that must be contained in the codes of practice. These include accounting arrangements in relation to royalties, complaints handling, transparency requirements and arrangements for holding sums for the copyright owners. These are designed to ensure that the codes capture minimum standards of fairness and transparency. The last amendment that I shall single out is Amendment 180, which makes it mandatory for the regulations to cover the treatment of royalties and the deduction of administrative costs. The remaining amendments make equivalent provisions for performers’ rights and have the same effect. I apologise for speaking at some length. I hope that I have reassured your Lordships that we have listened carefully to the comments made in this House in Committee and on Second Reading and taken them on board in this package of amendments. I beg to move.