My Lords, as your Lordships know, the public lending right is the legal right of authors to receive payment for the loan of their books by public libraries. Currently it applies to the loan of books only in printed format. It does not apply to e-books, audiobooks and e-audiobooks.
William Sieghart and a distinguished advisory panel carried out a review of a number of issues and concerns on the subject of e-lending in libraries. Their report,
An Independent Review of E-Lending in Public Libraries in England, was published in March 2013. A number of recommendations were made to ensure that authors receive fair remuneration from the lending of digital, audio and e-audiobooks by libraries. The review recommended that the anomaly whereby rights holders are still not recompensed for the loan of their audio and e-books should be urgently addressed by extending PLR to cover e-books, audiobooks and e-audiobooks; that there should be an increase in the Government’s PLR funding to take this into account, so that writers and other rights holders are equitably compensated; that the provisions in the Digital Economy Act 2010 that extend PLR to on-site loans of audiobooks, e-books and e-audiobooks should be enacted; and that the Government should find space in their legislative programme, at the earliest opportunity, to enact primary legislation to extend PLR to remote e-loans.
I will say a word on the legalities around PLR. Authors who have granted publishers the right to publish their works as audiobooks or e-books will typically retain copyright in the work and will often retain the exclusive right to lend the work granted by Section 16(1) of the Copyright, Designs and Patents Act 1988. Under Section 18A of the CDPA it is an infringement of copyright in a literary work to lend that work to the public without the copyright owner’s permission. However, Section 40A of the CDPA permits public libraries to lend books that fall within the public lending right scheme. If the Digital Economy Act is implemented, the PLR scheme will be varied to include audiobooks and e-books. Until that happens, loans of audiobooks and e-books issued without a copyright owner’s authorisation perpetuate a situation in which lending rights are being infringed.
Loans of audiobooks are significant, considering that no payment is made to authors for their loan from libraries and that in many instances the libraries charge for the loans. The latest CIPFA statistics put the number of audiobook loans at 9.9 million for 2010-11 and 8.9 million for 2011-12. However, CIPFA treats e-audio separately in the 2011-12 figures and there is an additional figure to be taken into account of 287,000 loans for e-audiobooks.
In their response to the Sieghart report, the Government committed to pursuing legislation to extend PLR to remote lending in future parliamentary Sessions. They also agreed to consider commencing the relevant provisions of the Digital Economy Act. Their commitment to pursuing the legislation to extend PLR to remote lending was said to be subject to compliance with the EU copyright directive, with further funding dependent on evidence of remote loans.
What are the potential consequences if the Government do not implement the recommendations? The continuing failure to provide for lending remuneration in respect of non-print formats raises an important legal issue. While on-site e-book lending is a developing service, the ability to access audiobooks in public libraries is clearly highly valued by the public. The advisory panel heard that around 10 million audiobook loans take place each year, the vast majority of which are in hard-copy formats. Quite apart from the inequitable treatment of rights holders, the current situation also
places the library service in a position where rights are being infringed on a daily basis. For libraries and authors, the longer-term consequences of a failure to implement the Sieghart recommendations expeditiously are clear: readers are increasingly choosing digital formats, anticipating on-demand access at the time and place of their choosing.
The Government should act upon William Sieghart’s recommendations without delay to effect the extensions to PLR envisaged by the Digital Economy Act, to provide adequate additional funding for these extensions and to fund and encourage appropriate models for remote e-book lending so that libraries can act within the law and authors can receive fair remuneration.
Since the Government are now committed to pursuing the legislation to extend PLR to remote lending, subject to compliance with the EU copyright directive, with further funding dependent on evidence of remote loans, why not use this Bill for the enabling legislation? I beg to move.