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Digital Economy Bill [HL]

My Lords, we have already had a useful debate with a gratifying number of government amendments about the safeguards necessary for an effective orphan works scheme. It is unfortunate that we do not have a similar number of government amendments to welcome in relation to collective licensing. Amendment 155C is intended to ensure a minimum safeguard for a proper system of collective licensing. The Bill contemplates the possibility of a copyright owner opting out from a collective licensing system, but gives no detail as to what sort of system might be considered acceptable. Unlike with orphan works, where the licence body has to undertake a diligent search before it can grant licences, the onus here is on the copyright owner to protect his material from being licensed without his permission. As such, the opt-out system must be as transparent and as simple as possible. Our amendment is intended to engage copyright owners of the type who will be represented in the process of establishing what system would be most effective. The opt-out provisions must bring notice of that power to as many rights holders as possible, as well as making it easy for them to opt out should they wish to remove their work collective licensing. I hope that the Minister sees the wisdom of that point, and I beg to move.