stopped Commercial Orphan Works Exploitation in the UK Digital Economy Bill Clause 43

The Tories robustly oppose Clause 43

Our confidence on Sunday in the in the line to be taken by the Conservative party against Clause 43 was well-founded. Here are some quotations from yesterdays’ Second Reading debate in the House of Commons:

We cannot support Clause 43. We would like to support the objectives of that clause on orphan works, but unintended consequences occur unless the wording is right.” - Jeremy Hunt, Shadow Secretary of State for Culture, Media and Sport

“Clause 43, on orphan works, and the subsequent clauses dealing with extended collective licensing, have been mentioned. That is another terribly sad subject, because the wish to use some of the creative content currently locked in libraries, museums and the BBC is absolutely right. The motivation behind Clause 43 is entirely admirable, but again, it was not properly thought through and there are genuine concerns about the conditions in which it will operate. There is supposed to be a market rate, but what is the market rate for a photograph that has never been used? Photographs have hugely varying costs depending on who took them, their content and their age, yet it is suggested simply that there should be a market rate. There is also concern about the so-called “diligent search” that the collecting agency is supposed to carry out, and how diligent it will actually be... Clause 43 is not fit for purpose... Clause 46, if it is a Henry VIII clause, should not be passed.” - John Whittingdale, Chairman, Culture, Media & Sport Committee

“...if someone finds your photograph, wants to use it and decides that they can’t trace you, they can do whatever they like with it after paying an arbitrary fee to a UK Government-appointed “licensing body”. You’ll never know unless you happen to find it being used in this way...” - Peter Luff, Chair, Business, Innovation and Skills Committee, quoting from Stop43’s public statement. Mr. Luff also quoted extensively from Jeremy Nicholls’ blog, with reference to the “Ashes to Ashes” copyright infringement affair

I can say categorically that we will not allow clauses 1, 21 and 43 to go through... My hon. Friend the Member for Mid-Worcestershire also mentioned in particular Clause 43 about orphan works and photo issues. I am glad that he did so; that is one of our red lines. We will not support any regulation that includes Clause 43. - Adam Afriyie, Shadow Minister (Innovation and Science), Business

Yesterday good day for photographers, but It’s not over until it’s over. That will be today. The “creative industries” - middlemen, aggregators and marketers, few of whom themselves create the “content” that they sell - were lobbying against us and for the retention of Clause 43 all day yesterday. We have no reason to believe that they might take today off.

The Tories are committed in their opposition to Clause 43. The Liberal Democrats, as yet, appear not to be. Photographers need one more day of effort, please. Thank you.