Activities of Alexandra THEIN 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 (8)
Amendment 63 #
Proposal for a directive
Recital 13
Recital 13
(13) It is appropriate to provide for a harmonised approach concerning such diligent search in order to ensure a high level of protection of copyright in the Union. A diligent search should involve the consultation of publicly accessible databases that supply information on the copyright status of a work. Moreover, in order to avoid duplication of costly digitisation, Member States should ensure thatIn order to avoid duplication of search efforts, a diligent search should be conducted only in the Member State where the work was first published or broadcast. Moreover, in order to avoid duplication of costly digitisation and ascertain whether a work has been granted orphan status in another Member State, Member States should ensure that the results of the diligent search on their territory and use of orphan works by the organisations referred to in this Directive isare recorded in a publicly accessible database. To the extent possible, free, publicly accessible databases of search results and use of orphan works should be designed and implemented so as to permit interlinkage with each other and interoperability on a pan-European level and consultation thereof through a single entry point.
Amendment 66 #
Proposal for a directive
Recital 15
Recital 15
Amendment 110 #
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) or authorised copyright collection societies 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 111 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. In the event that the cinematographic and audiovisual work subject to a good faith diligent search is known to be a co- production, such a search must be carried out in each of the Member States involved in the coproduction.
Amendment 116 #
Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1 a (new)
Article 3 – paragraph 2 – subparagraph 1 a (new)
The sources listed in the 'Due Diligence Guidelines' which are referred to in point 1 of the 'Memorandum of Understanding on Diligent Search Guidelines for Orphan Works' shall also be consulted.
Amendment 123 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. Authorised copyright collection societies shall act on behalf of those rightholders who cannot be located even after a diligent search.
Amendment 131 #
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 enforceable possibility of putting an end to the orphan status and, to that end, shall establish a speedy, uniform, cheap procedure.
Amendment 145 #
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 usingmay use orphan works in accordance with paragraph 1, maintain records of their diligent search and publicly accessible records of use. 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). Such remuneration shall be comparable to that of another known and located rightholder in the same work and for the same use. Rightholders may claim their remuneration under this point 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.