8 Amendments of Philippe JUVIN related to 2011/0136(COD)
Amendment 17 #
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. (This amendment applies throughout the text.)
Amendment 28 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Musical works, included those embedded in the audio, audiovisual, and cinematographic works referred to in Article 1.2 (2) and (3) should be excluded from the scope of this Directive.
Amendment 30 #
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 case, organisations referred to in this Directive should remain liable for the diligent search performed. Member States should appoint entities entitled to certify that diligent searches have been properly carried out in good faith.
Amendment 60 #
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 reasonable diligent search is carried out for each work, by consulting the appropriate sources for the category of works in question.
Amendment 63 #
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 64 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. In case the diligent search is carried out by other organisations than those referred to in Article 1(1), the latter shall remain liable for the search performed.
Amendment 70 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Member States shall appoint entities entitled to certify that diligent searches have been properly carried out in good faith, and shall ensure that the results of diligent searches carried out in their territories are recorded in a publicly accessible database.
Amendment 93 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7a Preventive measures In accordance with the parties concerned, Member States shall promote measures to prevent the development of orphan works in the future.