Enterprise and Regulatory Reform Bill

Lord Clement-Jones Excerpts

Wednesday 6th March 2013 Lords Chamber

Moved by

[Lord Clement-Jones]

84ZB: Before Clause 66, insert the following new Clause—
“Annual report on copyright licensing
(1) The Copyright Designs and Patents Act 1988 is amended as follows.
(2) In Part VII (miscellaneous and general), after section 301 insert—
“301A Annual report on copyright licensing
The Secretary of State shall present to Parliament an annual report from the Intellectual Property Office which shall include a review of the state of copyright licensing in the United Kingdom, of cross border co-ordination with other jurisdictions and of progress on protecting metadata.”.”

[Lord Clement-Jones]

My Lords, since we are starting Part 6, which I suppose is a form of light relief from earlier parts of the Bill, I want to thank the Minister. All those participating in Part 6 will have noticed that the Minister has been a prolific correspondent. In case full details are not provided on all the amendments we have put forward, those outside the House should know that letters were passed on 25 February to the noble Lord, Lord Stevenson of Balmacara, on the orphan works aspects of Clause 69 and on Clause 67; to myself on 11 February, and on 4 March on Clause 68; and, most recently, on 5 March there was a letter on extended collective licensing. I thank the Minister for the clarification that a lot of that has produced.

[Lord Howarth of Newport]

Like other noble Lords, I much appreciate what the noble Lord, Lord Clement-Jones, has just said. However, should we not also thank the Minister for his willingness to meet with noble Lords on a number of occasions? It has been extremely helpful to enable us to understand the Government’s thinking and for him to be able to understand some of ours.

[Lord Clement-Jones]

I very much welcome what the noble Lord, Lord Howarth, said. I quite agree. It is refreshing to be able to have that communication. It is not always a game of ping-pong or tennis. One can resolve some of these issues as we go along. In particular, this probing amendment is designed to elicit further information from the Minister. I thought we had a very good assurance from him that the IPO would publish an annual report which would be laid before Parliament, and that this could include a progress report on work towards a digital hub for licensing purposes.

When the Government’s response to the informal consultation on the role of the Intellectual Property Office came out very recently, it was very good to see that precisely that is enshrined in the document. Essentially, the Government are confirming that they will do that and that it will take place, particularly in terms of progress on licensing.

I would like to push the boat out a little further. In Committee we had a very useful discussion about metadata, its treatment and its protection. It is, of course, an issue of great importance to many creators, and we discussed that informally as well when we met the Minister. Work is ongoing in a working group, but as yet there is no indication of what its work might produce, technologically or legally. This new amendment is really designed to get a further assurance from the Minister that there will be regular progress reports on this aspect and that the proposals for action by the working group will be acted on. I beg to move.

[Lord Jenkin of Roding]

My Lords, I added my name to this amendment. Of course I support entirely what the noble Lord, Lord Clement-Jones, said, but it gives me an opportunity to intervene and to say how much I appreciate what my noble friend on the Front Bench has been able to do in the light of the Committee debates and of the several meetings that he has been kind enough to hold. Indeed, there are now amendments on the Order Paper in his name, which I think will be extremely welcome.

Noble Lords will remember that, when we started debating the copyright clauses in Grand Committee, I moved a new clause to set up what was in effect intended to be a champion for IP. I was gratified by the support I had from all parts of the Committee for that new clause. I have not retabled it for the very good reason that I think my noble friend Lord Younger has gone a long way to prove that he will be an effective champion of IP. He made it clear in his reply to the debate that he was, in fact, in charge of IP at his department, and he has been as good as his word in the amendments that he has tabled.

I can assure him that the correspondence that I have had since the end of Committee, and in particular since the government amendments were tabled, has entirely changed in tone. Those who were very deeply concerned beforehand at what the Bill appeared to portend for the future of copyright property rights seem to have been greatly reassured. For that reason I have not retabled the amendment asking for a champion because I think my noble friend has gone a long way to satisfying me that he will do his best to perform that function.

Moreover, my noble friend’s speeches and letters, to which my noble friend Lord Clement-Jones referred, have made it very much clearer than it was before what the Bill is intended to do and what the Government’s policy on this issue is. I like to think that there has been not only a change in tone but a change in substance, and recognition that IP is indeed a hugely important economic factor in this country’s economy, involving many billions of pounds and many hundreds of thousands —indeed, millions—of people whose livelihoods depend on it. If the Government have really hoisted that one on board, that can only be a credit to the debates that we had in this House and, above all, to my noble friend.

--- Later in debate ---

[Viscount Younger of Leckie]

I thank the noble Lord for that point. I shall look again at what I said and what we produced. If we can improve on it, we most certainly will. I shall get back to the noble Lord on that point.

The Government are keenly aware of and sensitive to the concerns of creators in relation to metadata. They believe that an industry-led approach is most likely to identify the key issues and the most effective solutions. They warmly welcome the establishment of a metadata working group which brings together key players from across the industry, including the Association of Photographers, Stop43, the BBC, the British Association of Picture Libraries and Agencies, Getty Images and News Corporation. We will consider carefully any recommendations aimed at government and, if they are proportionate and effective, will certainly support them. I also commit to keeping Parliament informed on progress.

The Intellectual Property Office will also be working with the Technology Strategy Board to consider other options to tackle the issues around the misuse of digital images as well as search and stripping of metadata. I hope that in the light of what I have said in my brief comments my noble friend can withdraw his amendment.

[Lord Clement-Jones]

My Lords, I thank the Minister for the very useful assurances coming at the end of his speech that he will consider all the metadata working group recommendations and keep Parliament informed, and that the Technology Strategy Group will be involved in this as well.

Generally, we are breaking into fresh territory with the concept of an annual report. We seem gradually to be moving language forward more positively about the creative industries and the value of intellectual property. The language of the exceptions document before Christmas moved it on a notch; this response document moves it on a notch, in particular to meet what I thought were extremely useful comments on the part of the noble Lord, Lord Howarth, not only on what an annual report should contain but on impact assessments.

This report is quite positive about the improved evidence base that the IPO is going to adopt. A lot of people, particularly some of those mentioned by the noble Lord, Lord Stevenson, would say amen to that. Some of the impact assessments have not been up to scratch and this has created quite a lot of concern and, indeed, anger from some sectors when they see that the benefits are not clearly there but the costs to them are. It is an extremely positive move.

I agree with the noble Lord, Lord Stevenson, that there are a number of further issues we really must get to grips with as we move along on Report. Of course, any Minister is as good as his last set of assurances. I am sure we will put that to the test as we go along. I am grateful to the Minister for his responses. I am very grateful to noble Lords, in particular to the noble Lord, Lord Jenkin, for his comments. I entirely agree with him about the Minister in the assumption of his role. It has been a very positive step. We have some way to go still, particularly in terms of the photographers mentioned by the noble Lord, Lord Stevenson, and also the news agency industry mentioned by my noble friend Lady Buscombe.

I hope that by the time we come to the end of Part 6 on Report, sweetness and light will reign and we will all feel that assurances of the right kind have been given. In the mean time, I beg leave to withdraw the amendment.

Amendment 84ZB withdrawn.