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Paul Gershlick

Government softens controversial clause 17 of Digital Economy Bill which would give Ministers general power to make any change to copyright laws without Parliament scrutiny

22 January 2010
By: Paul Gershlick | Discussion topic: Intellectual Property, News, Upload-IT

The Government has softened its line on the highly controversial clause 17 of the Digital Economy Bill. That clause would give the Government a very general power to amend, repeal or revoke any provision under the main UK copyright law: the Copyright, Designs and Patents Act 1988. This would give the Government the power to make widespread changes to crucial intellectual property rights laws without having to go to Parliament. Lord Mandelson sought to avert a rebellion by softening the approach. Clause 17 would now involve a 60-day consultation period with Parliament and the amendments to the copyright law would have to be sufficiently serious before that power was used. After going through the consultation process, the Government would also have to produce an explanatory document to Parliament that would describe the infringement of copyright which is having the serious adverse effect on business or consumers, describe the effect and explain why the Government is satisfied that making the amendment in that way is the proportionate way to deal with things.

A lot of people have expressed disquiet about the amount of power given to the select few by clause 17. However, some have said that as long as the powers are not misused, it is a way for the law to keep track with technology changes.

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