4 Amendments of Luis de GRANDES PASCUAL related to 2011/0136(COD)
Amendment 55 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) This Directive is without prejudice to Directive 2001/29/EC and deals solely with certain permitted uses of orphan works. It does not introduce new exceptions or limitations to copyright and related rights.
Amendment 124 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. If the cinematographic or audiovisual work subject to a bona fide diligent search is a co-production, the bona fide diligent search shall be carried out in each of the Member States involved in the co- production.
Amendment 140 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. However, unless otherwise provided in Article 7, the organisations referred to in Article 1(1) may not use orphan works in order to achieve aims other than their public interest missions, notably preservation, restoration and the provision of cultural and educational access to works contained in their collections.
Amendment 149 #
Proposal for a directive
Article 7
Article 7
Authorised uses of orphan works 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 that: (1) the organisations referred to in Article 1(1) maintain records of their diligent search; (2) the organisations maintain publicly accessible records of their use of orphan works; (3) in the case of an orphan work where a rightholder has been identified but not located, the name of the rightholder is indicated in any use of the work; (4) rightholders which put an end to the orphan status of the work, within the meaning of Article 5, are remunerated for the use that has been made of the work by the organisations referred to in Article 1(1); (5) rightholders may claim their 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. 2. Member States may chose the means for authorising use within the meaning of paragraph 1 and remain free to decide on the use of any revenues which are unclaimed after the expiry of the period fixed in accordance with paragraph 1(5).rticle 7 deleted