Less than a day after the House of Lords passed the Digital Economy Bill, the House of Commons took up the controversial legislation, which has now had its first reading in the lower chamber.

The bill, which has been seen as a threat to photographers' businesses, received intense scrutiny during its four months in the upper chamber, with photography institutions such as the British Association of Picture Libraries and Agencies, the Association of Photographers and the National Union of Journalists lobbying hard to have the bill's terms changed.

At the centre of photographers' fears is the bill's Clause 43 [formerly known as Clause 42], which will allow the Secretary of State to grant licensing powers to orphan works to a third party organisation. Under these powers, the extended licensing body could allow a publisher to use an orphan photograph provided it had made a diligent search for its author.

However, it is now feared that the House of Commons will rush the bill without proper debate before an election is called. The bill, which also includes controversial rules designed to crack down on illegal file sharing, has been the subject of intense protests from internet content and access providers.

A campaign designed to prevent the bill from being rushed through Parliament has been launched by 38Degrees, a site that "brings together people with progressive views to take action on specific issues with the goal of bringing about real change." 38Degrees lets users automatically email their representatives in the House of Commons.

Using 38Degrees, BJP calls on photographers to contact their MPs now. To participate, go on the 38Degrees website here. After imputing your name and email address, you will be offered the opportunity to draft your letter. Use, and modify if needed, the template available below.

This action is urgent as the government has made no secret of trying to get the bill approved before recess.


Template letter:

Dear [Insert MP Name]

I'm writing to you today because I'm very worried that the Government is planning to rush the Digital Economy Bill into law without a full Parliamentary debate.

The law is controversial and contains many measures that concern me as a professional photographer. Clause 43 will, for example, allow the Secretary of State to issue regulations that will see licensing bodies gain the power to grant licences for the use of orphan works - creative works for which the author cannot be found. This measure could seriously affect photographers' right of control over their images.

Furthermore, while the Secretary of State has assured trade organisations that regulations will only be issued after wide ranging consultations, the parameters have remained obscure with the Intellectual Property Office admitting that these details will only be settled after the Digital Economy Bill is passed.

While I understand that the Copyright, Design and Patents Act of 1988 needs revision to face today's technological innovations, the government should take the time to debate the causes of the orphan works problem - i.e. the lack of guaranteed moral rights - instead of granting carte-blanche to publishers to use these works without their owners' consent.

As a constituent I am writing to you today to ask you to do all you can to ensure the Government doesn't just rush the bill through and deny us our democratic right to scrutiny and debate.

[Insert your Name]