Hon Judith Tizard, in Committee, to move the following amendments:
To omit this subclause (lines 5 and 6 on page 6) and substitute the following subclauses:
Clause 3(2): new definition of communication work
“transmission, or the making available by a communication technology,” (lines 1 and 2 on page 7) and substitute
Clause 3(2): new definition of educational resource supplier
To insert the following definition after the definition of communication work (after line 5 on page 7):
“educational resource supplier means any person—
Clause 4: new section 3
Heading to new section 3: to omit this heading (line 23 on page 8) and substitute the following heading:
“Associated definitions for communication works”.
Subsection (1): to omit “communicating a work or” (line 24 on page 8).
Subsection (1(a): to insert “communication” after “transmitting the” (line 26 on page 8).
Subsection (1)(b): to insert “who provides the contents of the work and” after “any person” (line 30 on page 8).
To omit this subclause (lines 4 to 6 on page 12) and substitute the following subclause:
Clause 28: new section 48
To omit new section 48 (line 27 on page 15 to line 16 on page 16) and substitute the following section:
“48 Copying and communication of communication work for educational purposes
“(1) This section applies when a copy of a communication work is—
“(2) In any case to which subsection (1)(a) applies, the making or communication of a copy of the communication work by or on behalf of an educational establishment, and the subsequent communication of the copy within the educational establishment, does not infringe copyright in the communication work or in any work included in it if the copy is made or communicated for the educational establishment's educational purposes.
“(3) In any case to which subsection (1)(b) applies, the making and supply of a copy of the communication work by an educational resource supplier does not infringe copyright in the communication work or in any work included in it if the copy is made and supplied for the educational purposes of the educational establishment to which it is supplied.
“(4) However, the exclusions from infringement of copyright in subsections (2) and (3) do not apply to—
“49” and substitute the following heading (line 1 on page 32):
49 Reception and retransmission of broadcast in cable programme service
Clause 53: new section 92A
To insert the following section after the heading
“Internet service provider liability” (after line 21 on page 33):
“92A Internet service provider must have policy for terminating accounts of repeat infringers
“(1) An Internet service provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the account with that Internet service provider of a repeat infringer.
“(2) In subsection (1), repeat infringer means a person who repeatedly infringes the copyright in a work by using 1 or more of the Internet services of the Internet service provider to do a restricted act without the consent of the copyright owner.
Clause 53: new section 92C(2)(a) and (ba)
To omit these paragraphs (lines 5 to 15 on page 35) and substitute the following paragraph:
Clause 53: new section 92C
To insert the following subsection after subsection (2) (after line 18 on page 35):
“(2A) A court, in determining whether, for the purposes of subsection (2), an Internet service provider knows or has reason to believe that material infringes copyright in a work, must take account of all relevant matters, including whether the Internet service provider has received a notice of infringement in relation to the infringement.
Clause 53: new section 92CA
To omit this section (line 28 on page 35 to line 2 on page 36) and substitute the following section:
“92CA Requirements for notice of infringement
A notice referred to in section 92C(2A) must—
Clause 53: new section 92CB
To omit this section (lines 3 to 30 on page 36).
Clause 89: new section 226
Paragraph (b) of the definition of TPM or technological protection measure: to insert after
“operation, it” (line 14 on page 53)
Paragraph (b) of the definition of TPM circumvention device: to omit
“no” (line 26 on page 53) and substitute
“only limited commercially”.
Clause 89: new section 226D
To omit subsection (2) (lines 8 to 15 on page 56) and substitute the following subsections:
“(2A) The rights that the issuer of a TPM work has under section 226B do not prevent or restrict the making, importation, sale, or letting for hire of a TPM circumvention device to enable—
Clause 89: new section 226E
Subsection (1): to omit “or to undertake encryption research” (line 5 on page 58).
Subsection (2)(b): to add (line 14 on page 58)
“, but only if the copyright owner or the exclusive licensee has refused the user's request for assistance or has failed to respond to it within a reasonable time”.
Subsection (3): to omit
“For the purposes of this section, a person (A) undertakes encryption research if A” (lines 15 and 16 on page 58) and substitute
“Nothing in this Act prevents any person from using a TPM circumvention device to undertake encryption research if that person”.
Clause 89: new section 226H
Subsection (1): to insert
“licensee” (line 29 on page 59).
Subsection (2)(b): to omit
“work.” (line 36 on page 59) and substitute
Subsection (2): to add the following paragraph (after line 36 on page 59):
“(c) A does not know, and has no reason to believe, that any copyright management information attached to, or embodied in, the copy has been removed or modified without the authority of the copyright owner or the exclusive licensee.
Clause 89: new section 226J(1)(a)
“licensee” (line 11 on page 60).