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147352

	registered interest
	date	10/11/2014
	answering body	Department for Business, Innovation and Skills
	answering dept id	26
	answering dept short name	Business, Innovation and Skills
	answering dept sort name	Business, Innovation and Skills
	hansard heading	Copyright
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government what are their reasons for proposing an extended three-year transition period from April 2015 for the implementation of section 74 of the Enterprise and Regulatory Reform Act 2013, in the light of the current extent of counterfeiting.
	tabling member printed	Lord Clement-Jones
	uin	HL2756
	answer	answer is ministerial correction date of answer 21/11/2014 answer text The Government’s reasons for proposing a three-year transition period for implementing s74 Enterprise and Regulatory Reform Act 2013 are set out in its recent consultation which concluded on 27 October 2014 (https://www.gov.uk/government/consultations/transitional-provisions-for-the-repeal-of-section-52-of-the-cdpa). This does not represent an extended transition period but the Government’s provisional judgement as to the shortest reasonable period, taking into account the needs of both right owners and those using the current law to trade lawfully. The Government is considering the evidence it received and will make its decision on transitional provisions in the light of this. Current items made under the aegis of s52 of the Copyright, Designs and Patents Act 1988 would not be considered counterfeits. Counterfeit products (i.e. goods which falsely carry the trade mark of a genuine brand without permission) are already subject to legal sanction under separate trade mark legislation. answering member printed Baroness Neville-Rolfe question first answered 21/11/2014 13:06:54 answering member 4284 label Biography information for Baroness Neville-Rolfe
	tabling member	3396 label Biography information for Lord Clement-Jones

92393

	registered interest
	date	06/10/2014
	answering body	Department for Business, Innovation and Skills
	answering dept id	26
	answering dept short name	Business, Innovation and Skills
	answering dept sort name	Business, Innovation and Skills
	hansard heading	Copyright
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government whether they have assessed the effect of recent legislative and regulatory changes on contractual relationships between collecting societies in the visual arts sector; and whether they will issue appropriate guidance in cases where there is a contractual dispute between such societies.
	tabling member printed	Lord Clement-Jones
	uin	HL1955
	answer	answer is ministerial correction date of answer 16/10/2014 answer text <p>The Government has not assessed the effects of recent legislative and regulatory changes on contractual relationships between collecting societies. This is because the policy objective of the regulations is to improve collecting societies’ conduct, rather than to regulate their contractual relationships. However, the impact of the regulations on the conduct of collecting societies will be assessed as part of the usual post-legislative process, which is scheduled for late 2015/ early 2016.</p><p> </p><p> </p><p> </p><p>There are no plans for the Government to issue guidance where there is a contractual dispute: Government does not usually interfere in contractual matters between private commercial entities such as collecting societies.</p><p> </p><p> </p><p> </p> answering member printed Baroness Neville-Rolfe question first answered 16/10/2014 14:46:36 answering member 4284 label Biography information for Baroness Neville-Rolfe
	tabling member	3396 label Biography information for Lord Clement-Jones

386135

	registered interest
	date	29/06/2015
	answering body	Department for Business, Innovation and Skills
	answering dept id	26
	answering dept short name	Business, Innovation and Skills
	answering dept sort name	Business, Innovation and Skills
	hansard heading	Copyright
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government what is their assessment of the draft own-initiative report of proposal to the European Parliament that commercial use of photographs or video footage, or other images of works which are permanently located in physical public places, should always be subject to prior consent from the authors or any proxy acting for them.
	tabling member printed	Lord Stoddart of Swindon
	uin	HL934
	answer	answer is ministerial correction date of answer 06/07/2015 answer text <p>Section 62 of the Copyright, Designs, and Patents Act (1988) permits the photographing and filming of certain artistic works and buildings permanently situated in a public place or in premises open to the public, without prior consent from the owners of copyright in those works. This exception to copyright protection has existed in UK law for over a hundred years, and represents an important freedom for photographers and film-makers, whether amateur or professional.</p><p> </p><p>The Government does not support any restriction to this exception, such as a requirement that prohibits commercial use without prior consent. The Government recognises the diversity of EU Member States’ laws in this area and strongly believes Member States should retain their current discretion in this area of law.</p><p> </p> answering member printed Baroness Neville-Rolfe question first answered 06/07/2015 10:52:24 answering member 4284 label Biography information for Baroness Neville-Rolfe
	tabling member	950 label Biography information for Lord Stoddart of Swindon

387736

	registered interest
	date	06/07/2015
	answering body	Department for Business, Innovation and Skills
	answering dept id	26
	answering dept short name	Business, Innovation and Skills
	answering dept sort name	Business, Innovation and Skills
	hansard heading	Copyright
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government, further to the Written Answer by Baroness Neville-Rolfe on 6 July (HL934) concerning the proposal by the European Parliament for restrictions on photographs or video footage of public buildings, whether they have the power of veto over such draft legislation; and if so, whether they plan to use their veto in this instance.
	tabling member printed	Lord Stoddart of Swindon
	uin	HL1113
	answer	answer is ministerial correction date of answer 20/07/2015 answer text <p>On the 9<sup>th</sup> July, the EU Parliament considered a non-legislative own initiative report from the Legal Affairs Committee (JURI) on EU copyright reform, and voted against proposals to restrict individuals’ freedom to photograph or film buildings or statues located in public places.</p><p> </p><p> </p><p> </p> answering member printed Baroness Neville-Rolfe question first answered 20/07/2015 12:23:08 answering member 4284 label Biography information for Baroness Neville-Rolfe
	tabling member	950 label Biography information for Lord Stoddart of Swindon

79135

	registered interest
	date	21/07/2014
	answering body	Department for Business, Innovation and Skills
	answering dept id	26
	answering dept short name	Business, Innovation and Skills
	answering dept sort name	Business, Innovation and Skills
	hansard heading	Copyright
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government, in the light of the recommendations of the report by the Prime Minister’s intellectual property adviser, Mike Weatherley MP, what consideration is being given to the measures necessary to provide statutory underpinning of industry-wide codes and initiatives to tackle the funding of copyright infringement by advertisers and financial providers.
	tabling member printed	Lord Clement-Jones
	uin	HL1296
	answer	answer is ministerial correction date of answer 29/07/2014 answer text <p> </p><p>Government welcomes the work undertaken by Mike Weatherley MP in highlighting a ‘follow the money’ approach to assist in the battle against online Intellectual Property crime.</p><p> </p><p> </p><p> </p><p>There is collective agreement across Government, industry and law enforcement that influencing intermediaries is an effective approach. Initiatives such as the Infringing Website List online portal and the Intellectual Property Office supported WhiteBullet Intellectual Property Infringement Index are at the early stages of implementation and offer flexibility that wouldn’t be achievable under a statutory approach.</p><p> </p><p> </p><p> </p> answering member printed Baroness Neville-Rolfe question first answered 29/07/2014 10:56:35 answering member 4284 label Biography information for Baroness Neville-Rolfe
	tabling member	3396 label Biography information for Lord Clement-Jones

62428

	registered interest
	date	17/06/2014
	answering body	Department for Business, Innovation and Skills
	answering dept id	26
	answering dept short name	Business, Innovation and Skills
	answering dept sort name	Business, Innovation and Skills
	hansard heading	Copyright
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what progress they are making on their consideration of (1) protection of metadata, (2) remedies against lookalikes, and (3) equalisation of penalties for physical and digital copyright infringement.
	tabling member printed	Lord Clement-Jones
	uin	HL366
	answer	answer is ministerial correction date of answer 24/06/2014 answer text <p> </p><p><strong>(1)</strong> The issue of protection of metadata was considered as part of the industry-led Copyright Hub project, to which the Government contributed initial funding. This involved key players seeking cross-industry agreement to help keep metadata with copyright works and resulted in the publication of a voluntary Code of Practice on Creating and Maintaining Metadata in Images. It is clearly important for industry to take up that code of practice, before Government could consider whether or not any further action may be appropriate.</p><p><strong> </strong></p><p><strong>(2) </strong>The Government is considering the case for granting a civil right of action to business against lookalike packaging, for which it launched a review of the Consumer Protection from Unfair Trading Regulations (CPRs). The Review commenced this spring, and the initial call for evidence closed on 19 May. The Government is keen to continue engaging with stakeholders on this issue; a structured roundtable has been scheduled for 14 July. The final report is expected to be published in October.</p><p> </p><p><strong>(3) </strong>The Intellectual Property Office has commissioned Inngot Ltd to carry out a review of the use of copyright infringement sanctions. The review has commenced and is expected to report in November. Data gathering for copyright infringement sentencing is already underway, with a broad range of industry stakeholders being consulted including trade bodies; IP rights owners and IP legal professionals. The Government will consider what further action is needed once the final report has been published.</p><p> </p><p> </p><p> </p> answering member printed Viscount Younger of Leckie question first answered 24/06/2014 16:32:44 answering member 4169 label Biography information for Viscount Younger of Leckie
	tabling member	3396 label Biography information for Lord Clement-Jones