HOUSE OF LORDS - United Kingdom Parliament

HOUSE OF LORDS - United Kingdom Parliament HOUSE OF LORDS - United Kingdom Parliament

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have arisen in only two cases in the courts since 1945. 1 All privilege of peerage is lost upon a disclaimer under the Peerage Act 1963. HUMAN RIGHTS 12.15 Section 6(1) of the Human Rights Act 1998, which provides that “It is unlawful for a public authority to act in a way which is incompatible with a Convention right”, does not apply to the House or its committees, or to a person exercising functions in connection with a proceeding in parliament. 2 PARLIAMENTARY COPYRIGHT 12.16 Sections 165–7 of the Copyright, Designs and Patents Act 1988 created a new form of copyright, known as “parliamentary copyright”. Such copyright exists in: bills; select committee reports; any other work made by or under the direction or control of either House of Parliament. 12.17 Parliamentary copyright in a public bill belongs in the first instance to the House into which the bill was introduced, and once the bill has reached the second House, to both Houses jointly. It subsists from the time the bill is handed in to the House in which it is introduced, and ceases on Royal Assent, or the withdrawal or rejection of the bill, or the end of the session. 12.18 Parliamentary copyright in a private bill belongs to both Houses jointly from the time the bill is first deposited in either House. Parliamentary copyright in a personal bill belongs first to the House of Lords (since it is the practice to introduce such bills into that House first), and when the bill reaches the House of Commons to both Houses jointly. Acts and Measures once enacted are subject to Crown copyright. 12.19 Literary, dramatic, musical or artistic work made by or under the direction of either House is subject to parliamentary copyright for 50 1 Stourton v Stourton [1963] 1 All ER 366; Peden International Transport, Moss Bros, The Rowe Veterinary Group and Barclays Bank plc v Lord Mancroft (1989). 2 Human Rights Act 1998 s. 6(3). 232

years from the end of the year in which it was made. Such work includes works made by an employee of either House in the course of his duties, and any sound recording, film, live broadcast or live cable programme of the proceedings of either House. The ownership of such copyright belongs to the House under whose direction or control the work was made (or, as appropriate, both Houses). 12.20 The functions of the House of Lords as owner of copyright are exercised by the Clerk of the Parliaments on behalf of the House, and legal proceedings relating to copyright are brought by or against the House of Lords in the name of the Clerk of the Parliaments. Parliamentary copyright is administered on behalf of both Houses by the Office of Public Sector Information, which operates within the National Archives. Any person may, without charge and by agreeing to certain conditions, obtain a licence to reproduce parliamentary copyright material. 1 BROADCASTING 12.21 The sound broadcasting and televising of proceedings are governed by resolutions of the House of 28 July 1977 and 15 May 1986. 2 The Information Committee has responsibility for supervising the arrangements for, and dealing with any problems or complaints arising out of, the televising and sound broadcasting of the proceedings of the House and its committees. The House has given power to a committee to refuse to allow the televising of proceedings to which visitors are admitted. 3 The Administration and Works Committee considers requests for permission to make programmes about the House. Day-to-day monitoring of adherence to rules of coverage laid down by the Information Committee is delegated to the Director of Parliamentary Broadcasting. 1 Further information is available online at http://www.opsi.gov.uk/. 2 LJ (1976–77) 820, (1985–86) 331. 3 Animals in Scientific Procedures Committee (HL Deb. 12 July 2001 col. 1181). 233

years from the end of the year in which it was made. Such work includes<br />

works made by an employee of either House in the course of his duties,<br />

and any sound recording, film, live broadcast or live cable programme of<br />

the proceedings of either House. The ownership of such copyright<br />

belongs to the House under whose direction or control the work was<br />

made (or, as appropriate, both Houses).<br />

12.20 The functions of the House of Lords as owner of copyright are<br />

exercised by the Clerk of the <strong>Parliament</strong>s on behalf of the House, and<br />

legal proceedings relating to copyright are brought by or against the<br />

House of Lords in the name of the Clerk of the <strong>Parliament</strong>s.<br />

<strong>Parliament</strong>ary copyright is administered on behalf of both Houses by the<br />

Office of Public Sector Information, which operates within the National<br />

Archives. Any person may, without charge and by agreeing to certain<br />

conditions, obtain a licence to reproduce parliamentary copyright<br />

material. 1<br />

BROADCASTING<br />

12.21 The sound broadcasting and televising of proceedings are<br />

governed by resolutions of the House of 28 July 1977 and 15 May 1986. 2<br />

The Information Committee has responsibility for supervising the<br />

arrangements for, and dealing with any problems or complaints arising<br />

out of, the televising and sound broadcasting of the proceedings of the<br />

House and its committees. The House has given power to a committee<br />

to refuse to allow the televising of proceedings to which visitors are<br />

admitted. 3 The Administration and Works Committee considers requests<br />

for permission to make programmes about the House. Day-to-day<br />

monitoring of adherence to rules of coverage laid down by the<br />

Information Committee is delegated to the Director of <strong>Parliament</strong>ary<br />

Broadcasting.<br />

1 Further information is available online at http://www.opsi.gov.uk/.<br />

2 LJ (1976–77) 820, (1985–86) 331.<br />

3 Animals in Scientific Procedures Committee (HL Deb. 12 July 2001 col. 1181).<br />

233

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