5 Amendments of Anne SANDER related to 2016/0280(COD)
Amendment 32 #
Proposal for a directive
Recital 11
Recital 11
(11) Research organisations across the Union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services. Due to the diversity of such entities, it is important to have a common understanding of the beneficiaries of the exception. Despite different legal forms and structures, research organisations across Member States generally have in common that they act either on a not for profit basis non commercial basis, or in the context of a public-interest mission recognised by the State. Such a public-interest mission may, for example, be reflected through public funding or through provisions in national laws or public contracts. Organisations which seek to obtain a commercial profit on their investment in text and data mining should not be considered research organisations for the purposes of this Directive. At the same time, organisations upon which commercial undertakings have a decisivesignificant influence allowing them to exercise control because of structural situations such as their quality of shareholders or members, which may result in preferential access to the results of the research, should not be considered research organisations for the purposes of this Directive.
Amendment 131 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
(4 a) "lawful access" means access to content acquired in a lawful manner
Amendment 139 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject-matter to which they have lawful access acquired for the purposes of scientific research.
Amendment 154 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4 a. Copies of content obtained for mining text and data must be kept in a secure way, must be deleted after a reasonable time and may not be stored or preserved in any manner or form following the end of the TDM project. Any resulting TDM copies stored or preserved for longer than what is reasonable, shall constitute infringing copies.
Amendment 202 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States may provide that where an author has transferred or licensed a right to a publisher, such a transfer or athis publisher is right holder by virtue and to the extent of such a transfer or a licence. Therefore, this transfer of licence constitutes a sufficient legal basis for the publisher to claim a share of the compensation for the uses of the work made under an exception or statutory collective licensing or limitation to the transferred or licensed right.