The House of Commons will, today, discuss an amendment to the Digital Economy Bill, introduced by Liberal Democrats, that will see the controversial Clause 43 apply solely to photography created before 1950. However, photographers have called for Clause 43 to be removed in its entirety, as advocated by Conservatives MPs

The bill, which has been seen as a threat to photographers' businesses, received intense scrutiny during its four months in the upper chamber. At the centre of photographers' fears is the bill's Clause 43 [formerly known as Clause 42], which could 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, the proposed amendment, introduced during the Bill's second reading in the House of Commons yesterday reads: "The regulations may not authorise the grant of a license in respect of works of photography created after 1950".

If passed, the amendment would limit the threat posed by Clause 43 to photographers, who will continue to hold controlling powers over their images. Furthermore, it would prevent commercial organisations from using any images without the copyright holder's consent - as it is currently the case.

However, photographers united within the Stop43 campaign group have called the amendment ill-conceived, as it can prove difficult in some cases to show whether a picture has been taken before or after 1950. Furthermore, the group argues, the limitations introduced by the amendment could prove counter-productive to photographers in the long-term.

"In our view and experience, current copyright law suffers from significant defects in the way it applies to photography," Stop43 says in an open letter. "The removal of photography from Extended Collective Licensing proposals will result in photography simply not being discussed when secondary regulation is drafted. As a consequence, this opportunity for professional photographers' crying need for the defects in current copyright law to be addressed will be lost, perhaps for a generation. We will have no chance to re-negotiate inalienable moral rights or proper sanctions against copyright infringement, which could be raised if Clause 43 is deleted, and upon which point all photographers' organisations, the NUJ, BAPLA, Getty Images and others are unanimous."

It continues: "We urge the Liberal Democrats to consider what we believe to be the impracticality and negative consequences of your proposed amendments, withdraw them, and vote with the Conservatives to remove Clauses 43 and 46 from the Digital Economy Bill."

Jeremy Hunt, the Shadow Secretary of State of Culture has called, in House of Commons, for Clause 43 to be deleted altogether. He said: "I am happy to reiterate my opposition to Clause 43, and to say that we are not prepared to let it through as part of the wash-up process. What is needed is a proper reform of copyright law, and my hon. Friend the Member for Windsor Adam Afriyie has said that under a new Conservative Government he will ensure that such proposals are put before the House."

For more information on Clause 43 and on how to write to your MPs today, visit stop43.org.uk.