14 Amendments of Maria BADIA i CUTCHET related to 2011/0136(COD)
Amendment 39 #
Proposal for a directive
Recital 1
Recital 1
(1) Libraries, museums, archives, edcucational establishments, film heritage institutions and public service broadcasting organisations in the Member States are engaged in large-scale digitisation of their collections or archives in order to create European Digital Libraries. Libraries, museums, archives, edcuational establishments, film heritage institutions and public service broadcasting organisations in the Member StatesThey also 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 47 #
Proposal for a directive
Recital 3
Recital 3
(3) Creating a legal framework to facilitate the digitisation and dissemination of so called orphan works for which no author 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 53 #
Proposal for a directive
Recital 4
Recital 4
(4) The exclusive rights for authors of reproduction and of making available to the publicpublic dissemination 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 58 #
Proposal for a directive
Recital 5
Recital 5
(5) In the case of orphan works, such prior consent to carry out acts of reproduction or of making available to the publicpublic dissemination cannot be obtained.
Amendment 60 #
Proposal for a directive
Recital 6
Recital 6
(6) Different approaches in the Member States to the recognition of orphan work status can present obstacles to the functioning of the internal market and the use and cross-border access to orphan works. Such different approaches can also result in restrictions on the free movement of goods and services which incorporate cultural content, and make it difficult for the public to access and benefit from such goods and services. Therefore, ensuring the mutual recognition of such status is appropriate.
Amendment 71 #
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 concernedlook into how works in the archives of broadcasting organisations are managed, for the purposes of the application of this Directive.
Amendment 79 #
Proposal for a directive
Recital 11
Recital 11
Amendment 87 #
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 author or authors holding the rights to it 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, such as collecting societies.
Amendment 92 #
Proposal for a directive
Recital 14
Recital 14
(14) Orphan works may have several authors who hold the rights to them or include other works or protected subject matter. This Directive should not affect the rights of known or identified rightholders.
Amendment 119 #
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 take 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 categoriescultural institutions or facilities most in need of support ofr works that fall actually or potentially within the scope of application of this Directivehich would potentially produce the greatest cultural benefit.
Amendment 130 #
Proposal for a directive
Article 1 – paragraph 2 – introductory wording
Article 1 – paragraph 2 – introductory wording
2. This Directive applies to works first published or broadcast in a Member State and which are:
Amendment 142 #
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 149 #
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 notcannot be located after a diligent search for the rightholder has been carried out and recorded in accordance with Article 3.
Amendment 185 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) by makdisseminating the orphan work availableto the public, within the meaning of Article 3 of Directive 2001/29/EC;