Activities of Christian ENGSTRÖM related to 2011/0136(COD)
Plenary speeches (1)
Permitted uses of orphan works (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on certain permitted uses of orphan works PDF (433 KB) DOC (738 KB)
Amendments (26)
Amendment 50 #
Proposal for a directive
Recital 3
Recital 3
(3) Creating a legal framework to facilitate the digitisation and dissemination of works protected by copyright and neighbouring rights 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 52 #
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 authorightholder prior to the digitisation and making available of a work.
Amendment 57 #
Proposal for a directive
Recital 9
Recital 9
(9) For the purposes of this Directive, sound recordings and cinematographic, audio and audiovisual works in the archives of public service broadcasting organisations should be understood as including works commissioned by such organisations for their exclusive exploitation.
Amendment 60 #
Proposal for a directive
Recital 11
Recital 11
(11) For reasons of international comity, this Directive should only apply to works that are first published, exhibited, or broadcast in the territory of a Member State.
Amendment 70 #
Proposal for a directive
Recital 16
Recital 16
(16) It is appropriate to provide that authors are entitledWhere rightholders come forward to claim their works, it is appropriate for them to have the possibility to put an end to the orphan status in case they comof those fworward to claim their workks in respect of themselves.
Amendment 73 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to promote learning and culture, Member States should permit libraries, educational establishments and museums which are publicly accessible, as well as archives, film heritage institutions and public service broadcasting organisations, to communicate, make available and reproduce, within the meaning of Directive 2001/29/EC, orphan works, provided such use fulfils their public interest missions, notably preservation, restoration and the provision of cultural and educational access to works contained in their collections and guarantees cultural and educational access to them. Film heritage institutions should, for the purposes of this Directive, cover organisations designated by Member States to collect, catalogue, preserve and restore films forming part of their cultural heritage.
Amendment 77 #
Proposal for a directive
Recital 20
Recital 20
(20) This Directive should be without prejudice to existing or future arrangements in the Member States concerning the management of rights such as extended collective licences, legal presumptions of representation or transfer, mandatory collective management, or combinations of them.
Amendment 84 #
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 be fair and 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 institutions involved in the preservation, restoration and provision of cultural and educational access to European works, or 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 88 #
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Directive applies to works first published or broadcast in a Member Stateprotected by copyright, which are contained in the collections of organisations referred to in Article 1(1) and which are:
Amendment 92 #
Proposal for a directive
Article 1 – paragraph 2 – point 1
Article 1 – paragraph 2 – point 1
(1) Works published in the form of books, journals, newspapers, magazines or other writings, and which are contaprinted in the collections of publicly accessible libraries, educational establishments, museums or archivesmaterials that were first published, exhibited or broadcast in the territory of a Member State at least five years earlier, or
Amendment 94 #
Proposal for a directive
Article 1 – paragraph 2 – point 2
Article 1 – paragraph 2 – point 2
(2) CSound recordings or cinematographic or audiovisual works contained in the collections of film herithat were first published, exhibited or broadcast in the territory of a Member Stagte institutionsat least five years earlier, or
Amendment 95 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
The Commission shall keep under constant review the development of rights information sources and shall, at the latest one year after the entry into force of this Directive, and at annual intervals thereafter, submit a report concerning the possible inclusion in the scope of application of this Directive of beneficiaries other than those listed in Article 1(1), and of works or other protected subject matter not currently included in such scope, and in particular phonograms and stand alone photographs and other images.
Amendment 96 #
Proposal for a directive
Article 1 – paragraph 2 – point 3
Article 1 – paragraph 2 – point 3
Amendment 99 #
Proposal for a directive
Article 1 – paragraph 2 – point 3 a (new)
Article 1 – paragraph 2 – point 3 a (new)
(3a) Works that constitute an integral or embedded part of works referred to in Article 1(2).
Amendment 100 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. A work protected by copyright shall be considered an orphan work if the rightholder in the work isone or more copyright or related rights holders are not identified or, even if identified, is not located after a diligent search for the rightholder has been carried out and recorded in accordance with Article 3.
Amendment 104 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Where a work has more than one rightholder in copyright or related rights, and one of the rightholders has been identified and located, that work shall not be considered an orphan worke rights of the other rightholder(s) are not affected by the present Directive.
Amendment 107 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. For the purposes of establishing whether a work is an orphan work, the organisations referred to in Article 1(1) shall ensure that a diligent search is carried out for each workin good faith, by consulting the appropriate sources for the category of works in question.
Amendment 113 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The sources that are appropriate for each category of works shall beor other protected subject matter shall be the publicly accessible databases determined by each Member State, in consultation with rightholders and users, and may include, the sources listed in the Annex.
Amendment 118 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. A diligent search is required to be carried out only in the Member State of first publication or broadcastin which territory the work was first published, exhibited, or broadcast. It shall be carried out in good faith and in a reasonable scope prior to the use of the work.
Amendment 129 #
Proposal for a directive
Article 5
Article 5
Member States shall ensure that a rightholder in a work considered to be orphan has, at any time, the possibility of putting an end to the orphan status in respect of himself, by making himself known in an appropriate manner.
Amendment 133 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Termination of the status of orphan work in respect of a rightholder that makes himself known shall not call into question contracts previously entered into for the use, in accordance with the present Directive, of the work which was previously orphan in respect of that rightholder.
Amendment 137 #
Proposal for a directive
Article 6 – paragraph 1 – point b a (new)
Article 6 – paragraph 1 – point b a (new)
(ba) by communication to the public of the orphan work, including making it available to the public, by wire or wireless means, so that everybody can have access to it at a place and a time chosen individually.
Amendment 155 #
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, within the meaning of Article 5, are remunerated according to fixed tariffs determined by the Member States for the use that has been made of the work by the organisations referred to in Article 1(1);
Amendment 158 #
Proposal for a directive
Article 7 – paragraph 1 – point 5
Article 7 – paragraph 1 – point 5
(5) rightholders may claim their remuneration under point (4) within a period ofixed by Member States and which shall not be less than five years from the date of the act giving rise to the claim.
Amendment 163 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
This Directive shall be without prejudice to provisions for managing the rights to works and other protected subject matter, in particular collective licensing arrangements, legal presumptions of representation or transfer, mandatory collective management, or combinations of them, irrespective of whether such works or protected subject matter are orphan works under Article 2, in accordance with Union law and the international treaties on copyright and related rights. Where such provisions exist or are introduced, each other Member State shall ensure that the beneficiaries of Article 1(1) are legally protected with regard to their use of works or other protected subject matter as licensed or permitted under such provisions.
Amendment 166 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
The Commission shall keep under constant review the development of rights information sources and shall, at the latest one year after the entry into force of this Directive, and at annual intervals thereafter, submit a report concerning the possible inclusion in the scope of application of this Directive of beneficiaries other than those listed in Article 1(1), and of works or other protected subject matter not currently included in such scope, and in particular phonograms and stand alone photographs and other images, as well as unpublished works of all kinds created in Europe.