Activities of Piotr BORYS related to 2011/0136(COD)
Plenary speeches (1)
Permitted uses of orphan works (debate)
Amendments (44)
Amendment 45 #
Proposal for a directive
Recital 3
Recital 3
(3) Creating a legal framework to facilitate the digitisation and dissemination of works for which no authoright holder 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 49 #
Proposal for a directive
Recital 3
Recital 3
(3) Creating a legal framework to facilitate the digitisation and dissemination of works 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 50 #
Proposal for a directive
Recital 4
Recital 4
(4) The exclusive rights for authoright holders 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 authoright holder prior to the digitisation and making available of a work.
Amendment 51 #
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 62 #
Proposal for a directive
Recital 7
Recital 7
(7) In particular, a common approach to determine the orphan status and the permitted uses of orphan works is necessary to ensure legal certainty in the internal market with respect to the use of orphan works by libraries, museums, educational establishments, archives, film heritage institutions and public service broadcasting organisations.
Amendment 62 #
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 authorightholder 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. In the latter instance, liability in respect of the good faith and reasonable diligent search carried out lies with the organisations referred to in this Directive.
Amendment 65 #
Proposal for a directive
Recital 14
Recital 14
(14) Orphan works may have several authorightholders or include other works or protected subject matter. This Directive should not affect the rights of known or identified rightholders.
Amendment 67 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to avoid duplication of search efforts, a good faith and diligent search should be conducted only in the Member State where the work was first published or broadcast. In some cases, however, such as with regard to coproduction of an audiovisual work, for example, a good faith and diligent search would involve a search in Member States other than the Member State of first publication or broadcast. In order to enable other Member States to ascertain whether the orphan status of a work has been established in another Member State, Member States should ensure that the results of diligent searches carried out in their territories are recorded in a publicly accessible database.
Amendment 69 #
Proposal for a directive
Recital 16
Recital 16
(16) It is appropriate to provide that authorightholders are entitled to put an end to the orphan status in case they come forward to claim their works and to be remunerated.
Amendment 71 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) If a work has been wrongly found to be an orphan work, following a search which was not diligent and reasonable or not carried out in good faith, Member States should provide that the user be held liable, for breach of copyright, in accordance with the relevant national provisions and Union law.
Amendment 72 #
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 make available and reproduce 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. 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. For the purposes of this Directive, public-service broadcasting organisations should cover broadcasters with a public-service remit laid down and organised by a Member State.
Amendment 75 #
Proposal for a directive
Recital 9
Recital 9
(9) For the purposes of this Directive, 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 76 #
Proposal for a directive
Recital 20
Recital 20
(20) This Directive should be without prejudice to existing arrangements in the Member States’ arrangements concerning the management of rights such as extended collective licences. It should also be without prejudice to the Member States’ arrangements concerning mass-scale digitisation of works, such as those relating to out-of-commerce works.
Amendment 81 #
Proposal for a directive
Recital 21
Recital 21
Amendment 83 #
Proposal for a directive
Recital 22
Recital 22
Amendment 96 #
Proposal for a directive
Recital 16
Recital 16
(16) It is appropriate to provide that authoright holders are entitled to put an end to the orphan status in case they come forward to claim their works.
Amendment 106 #
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 good faith and diligent search is carried out for each work, by consulting the appropriate sources for the category of works in question.
Amendment 112 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The sources that are appropriate for each category of works shall be determined by each Member State, in consultationagreement with rightholders and users, and include, the sources listed in the Annex.
Amendment 120 #
Proposal for a directive
Article 3 – paragraph 3 – subparagraph 1 a (new)
Article 3 – paragraph 3 – subparagraph 1 a (new)
In some cases, a good faith and diligent search will involve a search in Member States other than the Member State of first publication or broadcast.
Amendment 122 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall ensure that the results of diligent searches carried out in their territories are recorded in a publicly accessible database. The Member States’ databases shall be designed and implemented so as to permit interlinkage with each other on a pan-European level.
Amendment 138 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. However, unless otherwise provided in Article 7, tThe 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 142 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Member States shall provide that 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);
Amendment 143 #
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 in accordance with paragraph 1, maintain records of their diligent search and publicly accessible records of use. Those records shall be designed and implemented so as to permit interlinkage with each other on a pan- European level.
Amendment 147 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. In the case of an orphan work where a rightholder has been identified but not located, the name of the rightholder shall be indicated in any use of the work.
Amendment 148 #
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 righholder 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
Amendment 161 #
Proposal for a directive
Article 8 – title
Article 8 – title
Continued application ofmpliance with other legal provisions
Amendment 162 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
This Directive shall be without prejudice to the Member States’ arrangements concerning mass-scale digitisation of works, such as those relating to out-of- commerce works.
Amendment 164 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Management of rights This Directive shall be without prejudice to the Member States’ arrangements concerning the management of rights such as extended collective licences.
Amendment 168 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. In the event that a cinematographic or audiovisual work is known to be a co- production, the diligent search must be carried out in each of the Member States where the co-production took place.
Amendment 169 #
Proposal for a directive
Annex – point 5 – point d a (new)
Annex – point 5 – point d a (new)
(da) Credits and other information appearing on the work's packaging;
Amendment 170 #
Proposal for a directive
Annex – point 5 – point d b (new)
Annex – point 5 – point d b (new)
(db) Databases/membership lists of all relevant associations or institutions representing the relevant category of rightholder.
Amendment 172 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall ensure that the results of diligent searches carried out in their territories are recorded in a database which is publicly accessible databasein all Member States.
Amendment 190 #
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 the preservation, and restoration and the provision ofof works contained in their collections and the provision of access to those works for cultural and, educational access to works contained in their collectionnd research purposes.
Amendment 196 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The uses of orphan works within the framework of this Directive shall fully respect the moral rights of the right holders. In the case of an orphan work where a right holder has been identified but not located, the name of the right holder shall be indicated in any use of the work.
Amendment 198 #
Proposal for a directive
Article 7 – title
Article 7 – title
Article 7 deleted Authorised uses of orphan works
Amendment 200 #
Proposal for a directive
Article 7 – paragraph 1 – introductory wording
Article 7 – paragraph 1 – introductory wording
Amendment 204 #
Proposal for a directive
Article 7 – paragraph 1 – point 1
Article 7 – paragraph 1 – point 1
Amendment 206 #
Proposal for a directive
Article 7 – paragraph 1 – point 2
Article 7 – paragraph 1 – point 2
Amendment 209 #
Proposal for a directive
Article 7 – paragraph 1 – point 3
Article 7 – paragraph 1 – point 3
Amendment 211 #
Proposal for a directive
Article 7 – paragraph 1 – point 4
Article 7 – paragraph 1 – point 4
Amendment 214 #
Proposal for a directive
Article 7 – paragraph 1 – point 5
Article 7 – paragraph 1 – point 5
Amendment 216 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 224 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Preventive measures In coordination with the parties concerned, the Member States shall promote all preventive measures likely to limit the appearance of orphan works and to reduce their number.
Amendment 225 #
Proposal for a directive
Article 9
Article 9