---

Digital Economy Bill [HL]

178: Schedule 2, page 61, line 27, after "116B," insert— "(ba) any of subsections (4) to (6) of section 116CB," 179: Schedule 2, page 62, line 19, at end insert— "(1A) Where the missing rights owner is not the sole owner of the rights concerned, an authorisation does not affect the need for consent from any other owner." 180: Schedule 2, page 62, line 23, leave out "may" and insert "must" 181: Schedule 2, page 62, line 32, leave out "an orphan rights register (see paragraph 1C)" and insert "a register kept in accordance with paragraph 1CB(1)." 182: Schedule 2, page 63, line 8, leave out from beginning to end of line 42 on page 64 and insert— "1CA (1) A right is an orphan right if a person— (a) has carried out in accordance with regulations a diligent search to find or, if necessary, to identify and find, the owner of, or of an interest in, a performer’s property rights, and (b) has published the notice required by this paragraph, but has not found the owner. (2) References to the missing rights owner in relation to orphan rights are references to that owner. (3) For the purposes of sub-paragraph (1CA (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 sub-paragraph (4), 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. (4) The sources referred to in sub-paragraph (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 sub-paragraph (3)(b) 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. (6) The notice required by sub-paragraph (1)(b) is notice of the proposal to enter the interest concerned in a register kept in accordance with paragraph 1CB(1), published in a way designed to bring the proposal to the attention of the copyright owner. (7) The Secretary of State may by regulations amend any of the preceding provisions of this section. 1CB (1) Regulations made by the Secretary of State must provide for an authorisation under paragraph 1A or 1B to have effect in respect of an interest of a missing rights owner only if the interest is entered in a register kept by the authorised person (an "orphan rights register"). (2) The regulations must— (a) specify the form of an orphan rights register and how it is to be kept, and (b) provide for an orphan rights register to be made available to the public. (3) An entry in an orphan rights register must include a sufficient record of the steps taken for the purposes of paragraph 1CA(1)(a) and (b). (4) An authorised person must not enter an interest in an orphan rights register unless the authorised person— (a) has taken the steps referred to in paragraph 1CA(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 rights 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 rights register, the authorised person— (a) is aware that any of the steps referred to in paragraph 1CA(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 rights register, regulations under paragraph 1A or 1B may provide for an authorisation under that paragraph to have effect in respect of that interest despite a failure to take steps referred to in paragraph 1CA(1)(a) or (b) or to comply with any of sub-paragraphs (4) to (6). (8) But a failure by an authorised person to comply with any of sub-paragraphs (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 as it applies by virtue of paragraph 1D). (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 paragraph 1CA(1)(a) and (b) or has complied with sub-paragraph (6). (10) The Secretary of State may by regulations amend any of the preceding provisions of this section." 183: Schedule 2, page 64, line 43, leave out "and 1B" and insert "to 1CB" 184: Schedule 2, page 64, line 44, leave out "and 116B" and insert "to 116CB— (a) " 185: Schedule 2, page 64, line 46, after "rights" insert ", and (b) as if the reference in paragraph 3(1)(ba) to section 116CB(4) to (6) were a reference to paragraph 1CB(4) to (6);" 186: Schedule 2, page 65, line 1, leave out "1C" and insert "1CB" 187: Schedule 2, page 65, line 9, at end insert— "( ) Before making provision as to requirements for a person’s becoming or remaining authorised under paragraph 1A or 1B, 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." 188: Schedule 2, page 65, line 10, leave out "1C" and insert "1CB" 189: Schedule 2, page 65, line 19, leave out "1C" and insert "1CB" 190: Schedule 2, page 65, line 20, leave out "paragraph 1C or another" and insert "any" Amendments 178 to 190 agreed. Clause 48 : Commencement Amendment 190A Clause 48 : Commencement Amendment 190A Moved by