§ 85 Clause 86, page 35, line 27, leave out from 'assignment' to 'limited' in line 28 and insert 'or other transmission of copyright may be partial, that is,'.
§ Lord Strathclyde
My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 85. I shall speak also to Amendment No. 207. Copyright like any other form of personal property may be transferred and Clause 85 provides for its transfer in three ways. First, copyright may be passed by assignment. Secondly, copyright may be bequeathed in a will. Thirdly, it may pass by operation of law. For example, if the copright owner dies intestate, the rights would pass with his other personal property; or if he were made bankrupt, they would pass to his trustee in bankruptcy for the benefit of creditors.
Subsection (2) provides that an assignment may be partial. That is to say that the copyright may be assigned for only part of its duration or only some of the rights may be assigned. But of course the principle of partial transfer should apply also to the other forms of transmission of copyright mentioned in subsection (1). Amendment No. 85 will ensure that it does. Amendment No. 207 will provide a corresponding amendment in Part III.
§ Moved, That the House do agree with the Commons in their Amendment No. 85.—(Lord Strathclyde.)
§ Lord Williams of Elvel
My Lords, I have a small clarification point. On death is there the possibility of partial transfer of copyright—that is, between heirs—or is that ruled out by the Commons amendment?
§ On Question, Motion agreed to.