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To ask the Secretary of State for Business, Innovation and Skills, with reference to Penalty Fair, the Intellectual Property Office study of criminal sanctions for copyright infringement available under the Copyright, Designs and Patents Act 1988, what plans his Department has to strengthen the penalties for online copyright infringement.
To ask the Secretary of State for Business, Innovation and Skills, with reference to Penalty Fair, the Intellectual Property Office study of criminal sanctions for copyright infringement available under the Copyright, Designs and Patents Act 1988, what plans his Department has to strengthen the penalties for online copyright infringement.
This Government is committed to tackling intellectual property crime and is carefully considering the findings and recommendations of ‘Penalty Fair’, the independent review on criminal sanctions for copyright infringement.
Appropriate next steps may include a public consultation, as recommended in the review, giving rights holders, members of the public and all copyright and internet interest groups the opportunity to provide their views. The implementation of any change would need careful consideration to understand its potential impact.
To ask the Secretary of State for Culture, Media and Sport, what representations his Department has received from internet service providers on safe harbour provisions.
To ask the Secretary of State for Culture, Media and Sport, what representations his Department has received from internet service providers on safe harbour provisions.
The Government has not received any representations from internet service providers on the exemption from liabilities ("safe harbour") provisions contained within the eCommerce Directive. Some rights holders have expressed concern that the exemption from liabilities provisions are no longer necessary in their current form. The UK government recently published its vision for the future of the digital economy in the EU, and we will continue to seek the views of all stakeholders in developing our policy in this area.
To ask the Secretary of State for Culture, Media and Sport, what recent representations his Department has received from rights holders on safe harbour provisions.
To ask the Secretary of State for Culture, Media and Sport, what recent representations his Department has received from rights holders on safe harbour provisions.
The Government has not received any representations from internet service providers on the exemption from liabilities ("safe harbour") provisions contained within the eCommerce Directive. Some rights holders have expressed concern that the exemption from liabilities provisions are no longer necessary in their current form. The UK government recently published its vision for the future of the digital economy in the EU, and we will continue to seek the views of all stakeholders in developing our policy in this area.
To ask the Secretary of State for Culture, Media and Sport, what assessment his Department has made of the changes to (a) EU and (b) UK copyright law that would be necessary to enable the Public Lending Right to include remote e-loans.
To ask the Secretary of State for Culture, Media and Sport, what assessment his Department has made of the changes to (a) EU and (b) UK copyright law that would be necessary to enable the Public Lending Right to include remote e-loans.
Any extension of the PLR scheme to include remotely downloaded e-books would be incompatible with the Copyright Directive (2001/29/EC). In order for such an extension to be possible, it would first be necessary for an exception to be made to the Communication to the Public Right, as set out in the Directive, and which would be applicable to remote e-lending. Such an extension would subsequently require an amendment to primary legislation. Government continues to monitor discussions on the Copyright Directive (2001/29/EC).
To ask the Secretary of State for Business, Innovation and Skills, what progress he has made on an agreement with the BBC on the creation of a copyright education programme.
To ask the Secretary of State for Business, Innovation and Skills, what progress he has made on an agreement with the BBC on the creation of a copyright education programme.
The department has not formalised an agreement with the BBC regarding its editorial content on intellectual property. However, the BBC has done a great deal of work in this area. In particular, the BBC has just launched a new website, Copyright Aware, highlighting and explaining the subject of copyright. The site includes a variety of resources and aims to encourage consumers and creators to deal more consciously and responsibly with creative works, recognising the effort and skill that has gone into producing them.
To ask the Secretary of State for Business, Innovation and Skills, what progress he has made on the creation of a copyright education programme.
To ask the Secretary of State for Business, Innovation and Skills, what progress he has made on the creation of a copyright education programme.
The Intellectual Property Office (IPO) has a programme of intellectual property (IP) education, covering all forms of IP including copyright. This IPO provides teaching resources covering all ages of education, from early years through to university. All elements of this work are developed in partnership with industry as well as IP professionals.
This year the IPO will update its crackingideas.com website to develop it into a portal for all education resources. The portal will target teachers and university tutors, providing them with a variety of resources that link into curriculum subjects to bring IP to life and make it easy to introduce IP issues including copyright into the classroom. It will bring together the various products of the IPO as well as linking to other material developed by partners. A cross section of representatives from the creative industries are providing input to the development of resources and the IPO has already commissioned focus group research with teachers to ensure that all resources are effective. The portal will complement other IPO initiatives to raise understanding of copyright, including Music Inc, a downloadable game about the music industry and the impact of piracy.
Yes, that is the case. I should make it absolutely clear that the non-paper that we have submitted to the European Commission represents a vision for the digital single market. It is our firm belief that consumers should be able to access content in a fair and reasonable way wherever they are, but we do support the right of industries with internet protocol to sell territorial licensing.
Yes, that is the case. I should make it absolutely clear that the non-paper that we have submitted to the European Commission represents a vision for the digital single market. It is our firm belief that consumers should be able to access content in a fair and reasonable way wherever they are, but we do support the right of industries with internet protocol to sell territorial licensing.
Further to the reply that my hon. Friend the Minister for Culture and the Digital Economy gave a moment ago, can he confirm that the Government’s position remains as set out in the response to the consultation on the review of EU copyright law—that any changes should be based on hard evidence? Perhaps I might ask him a second time to be a little clearer—just so that we can be absolutely certain that everyone is aware—that the Government support the right of territorial licensing, as the Prime Minister’s special adviser set out to the creative industries yesterday.
Further to the reply that my hon. Friend the Minister for Culture and the Digital Economy gave a moment ago, can he confirm that the Government’s position remains as set out in the response to the consultation on the review of EU copyright law—that any changes should be based on hard evidence? Perhaps I might ask him a second time to be a little clearer—just so that we can be absolutely certain that everyone is aware—that the Government support the right of territorial licensing, as the Prime Minister’s special adviser set out to the creative industries yesterday.
Further to the reply that my hon. Friend the Minister for Culture and the Digital Economy gave a moment ago, can he confirm that the Government’s position remains as set out in the response to the consultation on the review of EU copyright law—that any changes should be based on hard evidence? Perhaps I might ask him a second time to be a little clearer—just so that we can be absolutely certain that everyone is aware—that the Government support the right of territorial licensing, as the Prime Minister’s special adviser set out to the creative industries yesterday.
Yes, that is the case. I should make it absolutely clear that the non-paper that we have submitted to the European Commission represents a vision for the digital single market. It is our firm belief that consumers should be able to access content in a fair and reasonable way wherever they are, but we do support the right of industries with internet protocol to sell territorial licensing.
To ask the Secretary of State for Business, Innovation and Skills, what estimate he has made of the value of the intellectual copyright held by Ordnance Survey.
To ask the Secretary of State for Business, Innovation and Skills, what estimate he has made of the value of the intellectual copyright held by Ordnance Survey.
No estimate has been made of the value of the Crown copyright and data rights in material held by Ordnance Survey. When Ordnance Survey became a Trading Fund in 1999, the opening balance sheet of the Trading Fund did not include an asset value in respect of this Intellectual Property (the geographic data held on the National Geographic Database) as the applicable accounting standards at that time did not enable valuation of the asset. When Ordnance Survey transitions to a government owned company, copyright and data rights will remain the property of the Crown.
To ask Her Majesty’s Government, in the light of the recent action against the artist Luc Tuymans, what is the current law in the United Kingdom regarding the copying or reproduction by fine artists of work by other artists, including fine artists and photographers and other image-makers through media such...
To ask Her Majesty’s Government, in the light of the recent action against the artist Luc Tuymans, what is the current law in the United Kingdom regarding the copying or reproduction by fine artists of work by other artists, including fine artists and photographers and other image-makers through media such...
Current UK copyright law is found in the Copyright, Designs and Patents Act 1988 (as amended). It protects the rights of creators, including fine artists and photographers, enabling them to stop people copying either the whole or any substantial part of their work, either directly or indirectly, without the permission of the artist or photographer. This may include, among other things, the reproduction of a photograph in a painting.
However, UK law, in line with the European copyright framework, also provides a number of exceptions to copyright, where, in limited circumstances, some copying may be permitted without requiring permission and without infringing copyright. For example, one UK exception to copyright permits 'fair dealing' with a work for the purposes of caricature, parody or pastiche. European law is clear that the application of that exception in any particular case must strike a fair balance between the interests and rights of rights holder on the one hand and the freedom of expression of the user on the other, taking all the circumstances into account.
In the recent case against the artist Luc Tuymans, the Belgian court ruled that it was not satisfied that the reproduction in that particular case satisfied the criteria for ‘parody.’ Parody is an autonomous concept in European copyright law.
My Lords, this amendment would give the Secretary of State power by regulation to repeal Section 72 of the Copyright, Designs and Patents Act 1988 in part or in full. My noble friend the Minister will be only too well aware from the debate in Committee on 11 November that...
My Lords, this amendment would give the Secretary of State power by regulation to repeal Section 72 of the Copyright, Designs and Patents Act 1988 in part or in full. My noble friend the Minister will be only too well aware from the debate in Committee on 11 November that...
Motion to consider. Agreed to on question.
Motion to consider. Agreed to on question.
My Lords, the main purpose of this order is to provide for two new statutory appeals regimes. The first is in connection with decisions regarding electricity generating stations to be situated in the Scottish offshore region and the second is in connection with Section 36 consent decisions made under the...
My Lords, the main purpose of this order is to provide for two new statutory appeals regimes. The first is in connection with decisions regarding electricity generating stations to be situated in the Scottish offshore region and the second is in connection with Section 36 consent decisions made under the...
My Lords, I thank the Minister for his detailed explanation, which I found extremely helpful. I was struggling with the copyright changes and it is helpful to understand why they were brought forward.
I have a few comments and only a couple of questions. My understanding is that the order is...
My Lords, I thank the Minister for his detailed explanation, which I found extremely helpful. I was struggling with the copyright changes and it is helpful to understand why they were brought forward.
I have a few comments and only a couple of questions. My understanding is that the order is...
My Lords, I thank the noble Baroness for her general support of this order. It is consequential, and it is neutral in terms of whether it will give rise to more applications for offshore wind turbines. However, in the regimes that are in currently in place, the Scottish Parliament can...
My Lords, I thank the noble Baroness for her general support of this order. It is consequential, and it is neutral in terms of whether it will give rise to more applications for offshore wind turbines. However, in the regimes that are in currently in place, the Scottish Parliament can...
I thought my asking a question might allow for further enlightenment when I saw the Minister seeking advice.
If someone does not have sufficient interest, why would they make an application? It seems to be a given. I do not understand why a person would make such an application to the...
I thought my asking a question might allow for further enlightenment when I saw the Minister seeking advice.
If someone does not have sufficient interest, why would they make an application? It seems to be a given. I do not understand why a person would make such an application to the...
They might just have a remote interest and generally be interested. For the sake of argument, let us say that the development was somewhere off the east coast of Scotland and this was a person who was just generally interested in wind farm developments and was living in a stately...
They might just have a remote interest and generally be interested. For the sake of argument, let us say that the development was somewhere off the east coast of Scotland and this was a person who was just generally interested in wind farm developments and was living in a stately...
Lords motion to consider. Agreed to on question.
Lords motion to consider. Agreed to on question.
Of course, taxpayers and the Government have had a role in helping individual artists since the setting up of the Arts Council back in 1946. Increasingly, big corporations and the financial world have also developed a role in sponsorship, which I think is generally valued. Then there is the long-running,...
Of course, taxpayers and the Government have had a role in helping individual artists since the setting up of the Arts Council back in 1946. Increasingly, big corporations and the financial world have also developed a role in sponsorship, which I think is generally valued. Then there is the long-running,...