Activities of Ashley FOX 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 (13)
Amendment 18 #
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 21 #
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 author prior to the digitisation and making available of a work.
Amendment 31 #
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.
Amendment 38 #
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 40 #
Proposal for a directive
Recital 15
Recital 15
(15) In 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 or, where relevant, in the country most associated with the work. 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 43 #
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.
Amendment 47 #
Proposal for a directive
Recital 18
Recital 18
(18) Contractual arrangements may play a role in fostering the digitisation of European cultural heritage, it being understood that libraries, educational establishments, museums or archives and film heritage institutions may, with a view to undertake the uses permitted under this Directive, conclude agreements with commercial partners for the digitisation and making available of orphan works. These agreements may include financial contributions by such partners but shall not vest in them any exploitation rights of the works.
Amendment 55 #
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Directive applies to works first published or broadcast in a Member State or, where relevant, in the country most associated with the work, and which are:
Amendment 61 #
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 diligent search is carried out for each work, by consulting the appropriate sources for the category of works in question.
Amendment 66 #
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 or, where relevant, in the country most associated with the work.
Amendment 79 #
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 and ensure that 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.
Amendment 90 #
Proposal for a directive
Article 7 – paragraph 1 – point 5 a (new)
Article 7 – paragraph 1 – point 5 a (new)
(5a) ultimate liability for payment of the remuneration lies with the Member State in which the work was used.
Amendment 92 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Member States may choose to use existing or future national schemes to facilitate the mass digitisation of orphan works and to permit the commercial use of orphan works.