16 Amendments of Sari ESSAYAH related to 2011/0136(COD)
Amendment 93 #
Proposal for a directive
Article 1 – paragraph 2 – point 1
Article 1 – paragraph 2 – point 1
(1) Works pPublished in the form of books, journals, newspapers, magazines or other writings, andworks and sound recordings which are contained in the collections of publicly accessible libraries, educational establishments, museums or archives, or
Amendment 101 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. A work or a sound recording shall be considered an orphan work if the rightholder in the work is 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 105 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Where a work or a sound recording has more than one rightholder, and one of the rightholders has been identified and located, that work shall not be considered an orphan work.
Amendment 108 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. For the purposes of establishing whether a work is anor a sound recording is orphan work, the organisations referred to in Article 1(1) shall ensure that a diligent search is carried out for each work, by consulting the appropriate sources for the category of works in question.
Amendment 114 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The sources that are appropriate for each category of works or sound recordings shall be determined by each Member State, in consultation with rightholders and users, and include, the sources listed in the Annex.
Amendment 125 #
Proposal for a directive
Article 4
Article 4
A work or a sound recording which is considered an orphan work according to Article 2 in a Member State shall be considered an orphan work in all Member States.
Amendment 130 #
Proposal for a directive
Article 5
Article 5
Member States shall ensure that a rightholder in a work or a sound recording considered to be orphan has, at any time, the possibility of putting an end to the orphan status.
Amendment 134 #
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Member States shall ensure that the organisations referred to in Article 1(1) are permitted to use an orphan work or a sound recording in the following ways:
Amendment 135 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) by making the orphan work or the sound recording available, within the meaning of Article 3 of Directive 2001/29/EC;
Amendment 139 #
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 or sound recordings 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 144 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that the organisations referred to in Article 1(1), when using orphan works or sound recordings in accordance with paragraph 1, maintain records of their diligent search and publicly accessible records of use.
Amendment 150 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States may authorise the organisations referred to in Article 1(1) to use an orphan work or a sound recording for purposes other than those referred to in Article 6(2), provided that:
Amendment 151 #
Proposal for a directive
Article 7 – paragraph 1 – point 2
Article 7 – paragraph 1 – point 2
(2) the organisations maintain publicly accessible records of their use of orphan works or sound recordings;
Amendment 152 #
Proposal for a directive
Article 7 – paragraph 1 – point 3
Article 7 – paragraph 1 – point 3
(3) in the case of an orphan work or a sound recording where a rightholder has been identified but not located, the name of the rightholder is indicated in any use of the work or the sound recording;
Amendment 156 #
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 for the use that has been made of the work or the sound recording by the organisations referred to in Article 1(1);
Amendment 165 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. The provisions of this Directive shall apply in respect of all works or sound recordings referred to in Article 1 which are, on [transposition date], protected by the Member States' legislation in the field of copyright.