40. We take the view that the allocation of a substantial 60% in an audio- PLR payment to the author means that it is fair and reasonable to allow for an editor’s and/or translator’s share to be deducted from the author’s share of the PLR payment. General exclusions Remote e-book downloads 41. Remote downloads of (e-books downloaded outside a library’s premises) are not covered in this consultation and are not covered in the provisions in the DEA which will extend the PLR. This would stray into the communication to the public right in the Copyright Directive which has been implemented in section 182CA of the Copyright Designs and Patents Act 1988 (i.e. available to the public by electronic transmission in such a “making way that members of the public may access it from a place and at a time of their choosing”). One loan of a work at a time 42. The 2009 Government Response to the Consultation on the Extension of Public Lending Right to Rights Holders of Books in Non-print Formats set out the intention that PLR will be paid on the basis of one loan to one reader at one time, and in Response to the Sieghart Review in 2013, the Government stated that the interests of publishers and booksellers should be protected so that a library should only lend a single digital copy of a work at a time. This consultation is restricted to the implementation of the provisions of section s 43 of the DEA (new rights holders and new formats), and the matter is therefore not within scope for this consultation. However, please note that the European Commission has recently launched a review of the copyright rules of the European Union and this covers e-lending by libraries more generally. Do you with the proposed amendments to the PLR Scheme set out below? It is proposed that pre-existing contractual arrangements between libraries and rights holders for of audio-books and on-site e-books should be preserved to run their agreed term of law, but such libraries and rights holders would be free to negotiate the termination of such arrangements in favour of the newly expanded PLR Scheme.
40. We take the view that the allocation of a substantial 60% in an PLR payment to the author means that it is fair and reasonable to allow for an editor’s and/or translator’s share to be deducted from the author’s share of the PLR payment. General exclusions Remote e-book downloads 41. Remote downloads of (e-books downloaded outside a library’s premises) are not covered in this consultation and are not covered in the provisions in the DEA which will extend the PLR. This would stray into the communication to the public right in the Copyright Directive which has been implemented in section 182CA of the Copyright Designs and Patents Act 1988 (i.e. “making available to the public by electronic transmission in such a way that members of the public may access it from a place and at a time of their choosing”). One loan of a work at a time 42. The 2009 Government Response to the Consultation on the Extension of Public Lending Right to Rights Holders of Books in Non-print Formats set out the intention that PLR will be paid on the basis of one loan to one reader at one time, and in Response to the Sieghart Review in 2013, the Government stated that the interests of publishers and booksellers should be protected so that a library should only lend a single digital copy of a work at a time. This consultation is restricted to the implementation of the provisions of section s 43 of the DEA (new rights holders and new formats), and the matter is therefore not within scope for this consultation. However, please note that the European Commission has recently launched a review of the copyright rules of the European Union and this covers e-lending by libraries more generally. Do you with the proposed amendments to the PLR Scheme set out below? It is proposed that pre-existing contractual arrangements between libraries and rights holders for of audio-books and on-site e-books should be preserved to run their agreed term of law, but such libraries and rights holders would be free to negotiate the termination of such arrangements in favour of the newly expanded PLR Scheme. audio-
Consultation_on_the_Extension_of_Public_Lending_Right__3___6__docfinal.docx