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Digital Economy Bill [HL]

I will make some brief comments and raise some questions about the amendments in this group. I will start with Amendment 153A. How would a cultural institution, a museum or library, be accommodated under the rubric? The amendment is aimed at defending the legitimate interests of the commercial sector, but in so doing ignores the legitimate interests of the cultural sector and of the public. It would drive a coach and horses through the intent of the clause, which is to create a regime to deal effectively with the problem of orphan works. Amendments 155A and 155B relate to proposed new Section 116B of the 1988 Act. If proposed new Section 116A depends on 116B, the amendments would be unacceptable. They would work when copyright owners could be identified, but with orphan works, where copyright owners cannot be identified, they would not. We must deal differently with the two categories. If the amendments rule out the authorisation of cultural institutions, which the Secretary of State may for good reasons wish to authorise where orphan works are concerned, they will not do. I am pleased to tell noble Lords that I have no problem with Amendment 177A.