Activities of Phil PRENDERGAST related to 2011/0136(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on certain permitted uses of orphan works
Amendments (27)
Amendment 16 #
Proposal for a directive
Recital 1
Recital 1
(1) Libraries, museums, archives, educational establishments, film heritage institutions and public service broadcasting organisations are engaged in large-scale digitisation of their collections or archives in order to create European Digital Libraries. Libraries, museums, archives, educational establishments, film heritage institutions and public service broadcasting organisations in the Member States contribute to the preservation and dissemination of European cultural heritage, which is also important for the creation of European Digital Libraries, such as Europeana. Technologies for mass scale digitisation of print materials and for search and indexing enhance the research value of the libraries’ collections.
Amendment 19 #
Proposal for a directive
Recital 3
Recital 3
(3) Creating a legal framework to facilitate the digitisation and dissemination of works for which no authorightholder is identified or, even if identified, is not located, so called orphan works, is a key action of the Digital Agenda for Europe, as set out in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions – A Digital Agenda for Europe.
Amendment 22 #
Proposal for a directive
Recital 4
Recital 4
(4) The exclusive rights for authorightholders of reproduction and of making available to the public of their works, as harmonised under Directive 2001/29/EC of the European Parliament and Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, require the consent of the author prior to the digitisation and making available of a work.
Amendment 25 #
Proposal for a directive
Recital 7
Recital 7
(7) In particular, a common approach to determine the orphan status and the permitted uses of orphan works is necessary to ensure legal certainty in the internal market with respect to the use of orphan works by libraries, museums, educational establishments, archives, film heritage institutions and public service broadcasting organisations.
Amendment 26 #
Proposal for a directive
Recital 8
Recital 8
(8) Cinematographic, audio and audiovisual works in the archives of public service broadcasting organisations and produced by them include orphan works. Taking into account the special position of broadcasters as producers of audio and audiovisual material and the need to adopt measures to limit the phenomena of orphan works in the future, it is appropriate to set a cut off date relating to the application of this Directive as far as the works in the archives of broadcasting organisations are concerned.
Amendment 32 #
Proposal for a directive
Recital 12
Recital 12
(12) Before a work can be considered an orphan work, a good faith and reasonable diligent search for the authorightholder should be carried out. Member States should be permitted to provide that such a diligent search may be carried out by the organisations referred to in this Directive or by other organisations.
Amendment 39 #
Proposal for a directive
Recital 14
Recital 14
(14) OrphanCreative works may have several authorightholders or include other works or protected subject matter. This Directive should not affect the rights of known or identified rightholders.
Amendment 44 #
Proposal for a directive
Recital 16
Recital 16
(16) It is appropriate to provide that authorightholders arbe entitled to put an end to the orphan status in case they come forward to claim their works.
Amendment 48 #
Proposal for a directive
Recital 18
Recital 18
(18) Contractual arrangements may play a role in fostering the digitisation of European cultural heritage, it being understood that libraries, educational establishments, museums or archives and, film heritage institutions and broadcasters may, with a view to undertake the uses permitted under this Directive, conclude agreements with commercial partners for the digitisation and making available of orphan works. These agreements may include financial contributions by such partners.
Amendment 51 #
Proposal for a directive
Recital 20
Recital 20
(20) This Directive should be without prejudice to existinglegally recognised arrangements in the Member States concerning the management of rights such as extended collective licences.
Amendment 53 #
Proposal for a directive
Recital 22
Recital 22
(22) When a Member State authorises, under the conditions established in this Directive, the use of orphan works by publicly accessible libraries, educational establishments, museums, archives, film heritage institutions or public service broadcasting organisations for purposes beyond their public interest mission, rightholders who come forward to claim their works should be remunerated. Such remuneration should takebe fair and proportionate, taking account of the type of work and the use concerned. Member States may provide that revenues collected from such use of orphan works for the purpose of remuneration but which are unclaimed after the expiry of the period fixed in accordance with this Directive should contribute to financing rights information sources that will facilitate diligent search, by low-cost and automated means, in respect of categories of works that fall actually or potentially within the scope of application of this Directive.
Amendment 54 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive concerns certain uses of orphan works undertaken by publicly accessible libraries, educational establishments or museums as well as by archives, film heritage institutions and public service broadcasting organizations.
Amendment 56 #
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Directive applies to works protected by copyright which were first published or broadcast in a Member State and which are:
Amendment 59 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. A work shall be considered an orphan work if the rightholder in the work is not identified or, even if identified, is not located after a diligent search for the rightholder has been carried out, in good faith and in reasonable terms, and recorded in accordance with Article 3.
Amendment 67 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. A diligent search is required to be carried out, in good faith and in reasonable terms, only in the Member State of first publication or, broadcast or other form of public communication.
Amendment 69 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. When a cinematographic and audiovisual work is known to be a co- production, the diligent search shall be carried out in each of the Member States involved in the co-production.
Amendment 73 #
Proposal for a directive
Article 4
Article 4
A work which is considered an orphan work according to Article 2 in a Member State shall be considered an orphan work in all Member States. This Directive shall not prejudice legally recognised arrangements in the Member States which concern the management of rights, such as extended collective licensing.
Amendment 74 #
Proposal for a directive
Article 5
Article 5
Member States shall ensure that aeach rightholder into a work considered to be orphan has, at any time, the possibility of putting an end to the orphan statusto claim the respective copyrights, without prejudice to the orphan status of the work in respect of the rights of rightholders which have not been identified or located. A work shall only lose its status as an orphan work if all the rightholders to that work are identified or located.
Amendment 77 #
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) by acts of reproduction, within the meaning of Article 2 of Directive 2001/29/EC, for the purposes of digitization, making available, indexing, cataloguing, preservation or restoration.
Amendment 80 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that the organisations referred to in Article 1(1), when using orphan works in accordance with paragraph 1,ticle 6(2): (a) maintain records of their diligent search andes; (b) maintain publicly accessible records of usetheir use of orphan works; (c) indicate the name of any rightholder which has been identified but not located.
Amendment 84 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States may authorise the organisations referred to in Article 1(1) to use an orphan work for purposes other than those referred to in Article 6(2), provided thatsubject to compliance with Article 6(4):
Amendment 85 #
Proposal for a directive
Article 7 – paragraph 1 – point 1
Article 7 – paragraph 1 – point 1
Amendment 86 #
Proposal for a directive
Article 7 – paragraph 1 – point 2
Article 7 – paragraph 1 – point 2
Amendment 87 #
Proposal for a directive
Article 7 – paragraph 1 – point 3
Article 7 – paragraph 1 – point 3
Amendment 88 #
Proposal for a directive
Article 7 – paragraph 1 – point 4
Article 7 – paragraph 1 – point 4
(4) rightholders which put an end to the orphan status of the work,claim their respective rights within the meaning of Article 5, are fairly and proportionately remunerated for the use that has been made of the work by the organisations referred to in Article 1(1). Rightholders are entitled to fair and proportionate remuneration under point (4) within a period fixed by Member States and which shall not be less than five years from the date of the act giving rise to the claim;
Amendment 89 #
Proposal for a directive
Article 7 – paragraph 1 – point 5
Article 7 – paragraph 1 – point 5
Amendment 98 #
Proposal for a directive
Annex – introductory part
Annex – introductory part
The sources referred to in Article 3(2) shall binclude the following: