[Metrobeans]

B371 - Copyright Reform Bill 2011, TSR Conservative

Copyright Reform Bill 2011

Preamble: A bill to reform the current copyright laws of the UK to legalise format-/space-shifting of media (e.g. ripping CDs to your computer).

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Section 1: Format-shifting and Space-shifting for personal use

1.1. The following is to be added to the Copyright, Designs and Patents Act 1988 under Section 28:

Section 28B:

(1) Copyright in a work is not infringed by any act by a natural person, provided that:-

(a) the person has lawful possession or lawful use of a copy (“the master copy”) of the work,
(b) the act involves copying or adapting the work for his personal use,
(c) the act is not done for ends that are either directly or indirectly commercial; and
(d) any copies created by such an act are destroyed if subsection (a) no longer applies.

(2) If an accessible copy which would be an infringing copy but for this section is subsequently dealt with:-

(a) it is to be treated as an infringing copy for the purposes of that dealing; and
(b) if that dealing infringes copyright, is to be treated as an infringing copy for all subsequent purposes.

(3) Where a person has lawful possession or lawful use of the master copy under an agreement, any term or condition in the agreement shall be void in so far as it purports to prohibit or restrict the making of any copy or adaptation of the work where the conditions in section 28B(1) are met.

1.2. The following is to be amended to the Copyright, Designs and Patents Act 1988 under Section 296ZA:

Section 296ZA

(2) This section does not apply where a person does anything which circumvents effective technological measures:-

(a) for the purposes of research into cryptography, or
(b) for the purposes of performing any act permissible under section 28B, does anything which circumvents effective technological measures,

unless in so doing, or through any related act, he affects prejudicially the rights of the copyright owner,

1.3. Sections 31A to 31F of the Copyright, Designs and Patents Act 1988 are hereby repealed.

Section 2: Further Copyright Reviews

2.1. Orphan works will no longer be subject to copyright infringement.

(a) For the purposes of this bill, "Orphan works" refers to copyrighted work where the owner of the rights cannot be found.

2.2. The period that sound recordings are protected shall be extended from 50 years to 75 years.
2.3. Licensing agreements may no longer supersede any exceptions of United Kingdom copyright law.

Section 3: Short Title, commencement, and extent

3.1. This Act may be cited as the Copyright Reform Act 2011.
3.2. This Act will come into force immediately upon Royal Assent.
3.3. This Act extends to the entire United Kingdom.

Notes

Changes for 2nd reading:

• Repealed Sections 31A to 31F of CDPA to clean things up a bit
• Orphan works can't be subject to copyright infringements as the rights owner can't be found.
• Extended the amount of time sound recordings are protected to 75 years (as the Hargreaves report suggested).
• Any licensing agreements can no longer override any exceptions in the copyright law.

Previous Discussions:

Second Reading

First Reading

[paper-wings]

Aye

[TheCrackInTime]

Without 2.2, this would have been an Aye from me.

With it though, I'm voting No.

[toronto353]

(Original post by TheCrackInTime)
Without 2.2, this would have been an Aye from me.

With it though, I'm voting No.

Same here.

[sandys1000]

(Original post by TheCrackInTime)
Without 2.2, this would have been an Aye from me.

With it though, I'm voting No.

[Singh993]

(Original post by TheCrackInTime)
Without 2.2, this would have been an Aye from me.

With it though, I'm voting No.

i'll join the list of people confirming this - 2.2 seems excessive

[Aj12]

(Original post by TheCrackInTime)
Without 2.2, this would have been an Aye from me.

With it though, I'm voting No.

I agree.

75 years seems very excessive

[Metrobeans]

The aye's have it! The aye's have it!