7 Amendments of Rainer WIELAND related to 2011/0136(COD)
Amendment 85 #
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, publishers of the works listed in point 1 of paragraph 2 and public service broadcasting organizations.
Amendment 87 #
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Directive applies to worksthe use by the establishments referred to in paragraph 1 of works from their own archives which were first published or broadcast in a Member State and which are:
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 2 – point 3
Article 1 – paragraph 2 – point 3
(3) Cinematographic, audio or audiovisual works produced by public service broadcasting organisations before the 31 December 2002 and contained in their archives.
Amendment 103 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Where a work has more than one rightholder, and at least one of the rightholders has not been identified andor located, that work shall not be considered an orphan work. The rights of known or identified rightholders shall not be affected.
Amendment 117 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. A diligent search is required to be carried out only ion the territory of the Member State of first publication or broadcast. If there is evidence to suggest that rightholders from the territory of other Member States were involved in the creation of the work, the diligent search shall be deemed to have been concluded only if it also encompassed the territories of those Member States.
Amendment 128 #
Proposal for a directive
Article 5
Article 5
If a work considered to be orphan has only one rightholder, Member States shall ensure that athat rightholder in a work considered to be orphan has, at any time, the possibility of putting an end to the orphan status. has, at any time, the possibility of putting an end to the orphan status; if a work considered to be orphan has more than one rightholder, its status as an orphan work may be brought to an end only if all the rightholders have been identified and located, in accordance with the provisions of Article 2(2).
Amendment 141 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. If, in the case of an orphan work, one or more rightholders has been identified but not located, the name(s) of the rightholder(s) shall be indicated every time a work is used.