Perhaps amendments Nos. 1 and 4 could be taken together as they are cognate amendments.
Committee on Finance. - Performers' Protection Bill, 1968: Committee and Final Stages.
Section 1 agreed to.
SECTION 2.
I move amendment No. 1:
In page 3, line 53, to delete "copies" and substitute "reproductions".
These amendments are drafting amendments aimed at ensuring consistency in the terms of the Bill. There was some inconsistency in the drafting.
We have no objection.
Amendment agreed to.
Perhaps with amendment No. 2 we could take amendment No. 5, which is a consequential amendment.
I move amendment No. 2:
In page 4, lines 15 to 23, to delete subsection (6).
This amendment is again a drafting amendment designed to rectify the anomaly of preference to films in the section dealing specifically with records. The particular subsection which it is proposed to delete here is brought in under the later amendment.
We have no objection.
Amendment agreed to.
Section 2, as amended, agreed to.
SECTION 3.
I move amendment No. 3:
In page 4, line 49, after "film" to insert "or a reproduction of it".
Again, this is a drafting amendment for the purpose of bringing the subsection into line with subsection 3 of section 2.
Amendment agreed to.
I move amendment No. 4:
In page 5, line 9, to delete "copies" and substitute "reproductions".
Amendment agreed to.
Section 3, as amended, agreed to.
NEW SECTION.
Amendment 5, which is to insert a new section, has been discussed with amendment No. 2.
I move amendment No. 5:
In page 5, before section 4, to insert the following section:
"4. —For the purposes of paragraphs (b) and (c) of section 2 (1) of this Act and paragraphs (b) and (c) of section 3 (1) of this Act, a record or film to which an order under section 11 of this Act applies and which is made directly or indirectly from or by means of a performance shall, if the consent of any performer to the making of the record or film was required by the law of the country in which it was made, be deemed to have been made in contravention of the Act if, whether knowingly or not, it was made without the consent so required."
Amendment agreed to.
SECTION 4.
I move amendment No. 6:
In page 5, line 27, to delete ", cinematograph film or" and to substitute "or cinematograph film or the reception of a".
This again is a drafting amendment for the purpose of clarification.
Amendment agreed to.
Section 4, as amended, agreed to.
Sections 5 to 10, inclusive, agreed to.
SECTION 11.
I move amendment No. 7:
In page 6, lines 35 to 37, to delete "the provisions of paragraphs (b) and (c) of section 2 (1) of this Act and of paragraphs (b) and (c) of section 3 (1) of this Act" and to substitute "such provisions of this Act as may be specified in the order".
It has been suggested that the subsection as drafted, which was to enable any relevant provision of the Act to be applied in respect of records or films, could be interpreted in a manner other than that intended. The purpose of this amendment is to remove all doubt as to this intention, that is, the intention that any relevant provision of the Act may be applied.
There is nothing wrong with that.
Amendment agreed to.
Perhaps we could take amendments 8 and 9 together as they are cognate.
I move amendment No. 8:
In page 6, line 38, before "records" to insert "performances".
Section 11, subsection 1 was intended to embrace live performances but it does not appear to have done so. The purpose of these two amendments is to remedy the position by adding in each case "performances" to "records and/or cinematograph films".
Amendment agreed to.
I move amendment No. 9:
In page 6, line 40, before "records" to insert "performances".
Amendment agreed to.
Section 11, as amended, agreed to.
Section 12 agreed to.
Title agreed to.
Bill reported with amendments, received for final consideration and passed.