Activities of Emma McCLARKIN related to 2011/0136(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on certain permitted uses of orphan works
Amendments (12)
Amendment 46 #
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 51 #
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 author prior to the digitisation and making available of a work.
Amendment 83 #
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 authorright holder(s) 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 non-profit organisations.
Amendment 91 #
Proposal for a directive
Recital 14
Recital 14
(14) Orphan works may have several authoright holders or include other works or protected subject matter. This Directive should not affect the rights of known or identified right holders.
Amendment 97 #
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 99 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) The ending of orphan work status allows for the payment of remuneration normally due for the exploitation of a work, including past uses. It should be for Member States to decide whether a time limit is to be set for the recovery of royalties by right holders.
Amendment 115 #
Proposal for a directive
Recital 21
Recital 21
(21) Member States should also be allowed to permit the use of orphan works for purposes which go beyond the public interest missions of the publicly accessible libraries, educational establishments, museums, archives, film heritage institutions or public service broadcasting organisations covered by this Directive. In such circumstances, the rights and legitimate interests of right holders should be protected.
Amendment 123 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) This Directive is without prejudice to Directive 2001/29/EC and deals specifically with certain permitted uses of orphan works. It does not introduce new exceptions or limitations to copyright and related rights,
Amendment 161 #
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 consultation with right holders and users, and include, all the sources listed in the Annex.
Amendment 166 #
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 broadcast. ; however, where there is reasonable uncertainty as to the location of the first publication or broadcast, diligent searches may be extended to other Member States.
Amendment 176 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. In the event that the cinematographic and audiovisual work subject to a diligent search is known to be a co-production, the search must be carried out in each of the Member States where the co-production took place.
Amendment 227 #
Proposal for a directive
Annex – point 3 – point a
Annex – point 3 – point a
(a) The publishers and the publishers association in the respective country and the authors and journalists associations;