Clause 43 removed from final Digital Economy Bill

Photographers can claim a victory after the House of Commons removed the controversial Clause 43 from the Digital Economy Bill

Author: Olivier Laurent

A full account of what happened behind the scenes as photographers and organisations argued, united and fought for Clause 43 to be removed from the Digital Economy Bill

Clause 43 would have allowed third parties to gain a license to use any orphan work without its copyright owner's permission provided it had done a diligent search for that person. Photographers united under the Stop43 campaign argued that the proposed legislation would bring to an end a photographer's control over his images.

Yesterday, after intense debate over the past couple of days in the House of Commons, the government introduced an amendment to the bill that removed Clause 43 altogether. The amendment was passed.

"The way is now open for photographers and other creatives to present new thinking enabling the legitimate use of our genuine orphan works for strictly defined non-commercial "cultural" purposes in a way that will satisfy the needs of the cultural sector, to prevent the future orphaning of our work, and to redress defects in current copyright law," says the campaign group Stop43.

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