Data (Use and Access) Bill [Lords]

Samantha Niblett Excerpts

Consideration of Lords message
Wednesday 14th May 2025 Commons Chamber

[Samantha Niblett (South Derbyshire) (Lab)]

It is wonderful to hear my hon. Friend talk about the importance of copyright and the fact that we have existing laws that we can use, but I wonder whether he is aware of the growing concern in industry about the risk of expansive US-style fair use principles creeping into UK practice and what we might do to secure our safeguards. We must not allow foreign interpretations of fair use to erode our copyright laws.

[Chris Bryant]

As I am sure my hon. Friend is aware, the US system of fair use is different from the UK’s—ours goes back to 1709, with the first of our copyright Acts, and it has been very solid. When we introduced this Bill, I said that this country should be proud of the fact that a succession of different generations have ensured that rights holders can protect their copyright. Interestingly, one of Charles Dickens’ big battles was being able to protect his copyright not only in the UK but in the United States of America, where he felt he had fewer protections. It is for us to develop our own copyright law in our own country, and I say to my hon. Friend that the law as it is will not change one jot as a result of what we are intending to do in the Bill.

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[Chris Bryant]

I will say two things. First, we have always said that we were consulting on a package, and part of that package was a technical solution so that rights holders would be able to protect their rights better, in a way that—

[Samantha Niblett]

Will the Minister give way?

[Chris Bryant]

I will in a moment, but I am still answering the intervention. I had two points to make, and I will now probably forget the second one.

As I was saying, it was always going to be a package of measures, and we always said that we would not introduce that package unless we were secure in the belief that we could deliver for the creative industries a technical solution that made it simpler for them to enforce their rights and seek remuneration and that would lead to more licensing. That is a whole package.

When we last debated this, I said two things: first, that we are open-minded about where we are in relation to the consultation, and secondly—perhaps just as importantly—that our amendment 16 would require us to undertake an economic impact assessment of all the different options included in the consultation. I hope that answers my hon. Friend’s question. Somebody else wanted to ask another question.

[Torcuil Crichton (Na h-Eileanan an Iar) (Lab)]

rose—

[Samantha Niblett]

rose—

--- Later in debate ---

[Chris Bryant]

No, no. I think my hon. Friend the Member for South Derbyshire (Samantha Niblett) is next.

[Samantha Niblett]

On the point of finding a solution in the round, if no credible technical solution is in sight, will the Minister confirm what non-technical legislative or regulatory measures the Government are considering to protect rights holders in the interim?

[Chris Bryant]

That is precisely why we need to do this in the round, rather than just piecemeal. I understand the attraction of what is on the amendment paper today, but I do not think it would deliver the answer that the people need now to the issues that the creative industries are facing now. In another debate we referred to the issue—