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Digital Economy Bill [HL]

156: Clause 42, page 50, line 11, leave out from beginning to end of line 38 on page 51 and insert— "116CA Meaning of "orphan work" (1) A work is an orphan work if a person— (a) has carried out a diligent search to find or, if necessary, to identify and find, the owner of, or of an interest in, copyright in the work, and (b) has published the notice required by this section, but has not found the owner. (2) References to the missing copyright owner in relation to an orphan work are references to that owner. (3) For the purposes of subsection (1)(a) the person carrying out the search must in particular— (a) make such use as is reasonable of sources of information, including sources within subsection (4), relating to the work’s apparent country of origin, and (b) have regard to any presumptions under section 104 or 105 that would apply in relation to the work in any proceedings. (4) The sources referred to in subsection (3)(a) are— (a) licensing bodies; (b) associations of publishers or authors; (c) systems for identifying works of the type concerned; (d) published library catalogues and indexes; (e) public databases, including public records that may indicate successors in title. (5) For the purposes of subsection (3)(b) a work’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 work’s first publication, or (b) if the work has not been published, the country with which its making is most closely connected. (6) The notice required by subsection (1)(a) is notice of the proposal to enter the interest concerned in a register kept in accordance with section 116CB(1), published in a way designed to bring the proposal to the attention of the owner of the interest. (7) The Secretary of State may by regulations amend any of the preceding provisions of this section. 116CB Orphan works: registration and compliance (1) Regulations made by the Secretary of State must provide for an authorisation under section 116A or 116B to have effect in respect of an interest of a missing copyright owner only if the interest is entered in a register kept by the authorised person (an "orphan works register"). (2) The regulations must— (a) specify the form of an orphan works register and how it is to be kept, and (b) provide for an orphan works register to be made available to the public. (3) An entry in an orphan works register must include a sufficient record of the steps taken for the purposes of section 116CA(1)(a) and (b). (4) An authorised person must not enter an interest in an orphan works register unless the authorised person— (a) has taken the steps referred to in section 116CA(1)(a) and (b) and has not found the owner of the interest, or (b) has reasonable grounds for believing that another person has taken those steps and that the owner of the interest has not been found. (5) If an interest is entered in an authorised person’s orphan works register and the authorised person finds the owner of the interest, the authorised person must remove the entry. (6) If in relation to an interest entered in an authorised person’s orphan works register, the authorised person— (a) is aware that any of the steps referred to in section 116CA(1)(a) and (b) was not taken, or (b) is aware of information that makes it no longer reasonable to rely on the steps taken, the authorised person must as soon as possible take those steps or remove the entry. (7) Where an interest is entered in an orphan works register, regulations under section 116A or 116B may provide for an authorisation under that section to have effect in respect of that interest despite a failure to take steps referred to in section 116CA(1)(a) or (b) or to comply with any of subsections (4) to (6). (8) But a failure by an authorised person to comply with any of subsections (4) to (6) is actionable as a breach of statutory duty owed to the owner of the interest concerned (and see paragraph 3 of Schedule A1). (9) Any guidance issued by the Secretary of State must be taken into account in deciding whether a person has taken the steps referred to in section 116CA(1)(a) or (b) or has complied with subsection (3). (10) The Secretary of State may by regulations amend any of the preceding provisions of this section." 157: Clause 42, page 51, leave out lines 41 to 43 and insert— "(a) the regulation of licensing bodies, and of persons other than licensing bodies who are authorised under section 116A; (b) enforcement for the purposes of such regulation, or otherwise for the purposes of sections 116A to 116CB." 158: Clause 42, page 52, line 1, leave out "116C" and insert "116CB" 159: Clause 42, page 52, line 7, at end insert— "( ) Before making provision as to requirements for a person’s becoming or remaining authorised under section 116A or 116B, the Secretary of State must consult the persons the Secretary of State thinks likely to be affected (or persons who represent such persons) and such other persons as the Secretary of State thinks fit." 160: Clause 42, page 52, line 8, leave out "116C" and insert "116CB" 161: Clause 42, page 52, line 19, leave out "116C" and insert "116CB" 162: Clause 42, page 52, line 20, leave out "section 116C or another" and insert "any" 163: Clause 42, page 52, line 28, at end insert— 164: Clause 42, page 52, line 29, leave out "116C" and insert "116CA" 165: Clause 42, page 52, line 30, at end insert— 166: Clause 42, page 52, line 31, leave out "1C" and insert "1CA" Amendments 156 to 166 agreed. Amendment 167 Moved by