Activities of Luigi BERLINGUER related to 2011/0136(COD)
Plenary speeches (1)
Permitted uses of orphan works (debate)
Amendments (7)
Amendment 54 #
Proposal for a directive
Recital 4
Recital 4
(4) The exclusive rights for authors 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 and concern specific acts of reproduction made by publicly accessible libraries, educational establishments or museums, or by archives, which are not for direct or indirect economic or commercial advantage, as referred to in Article 5(2)(c) of Directive 2001/29/EC.
Amendment 74 #
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, audio 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.
Amendment 78 #
Proposal for a directive
Recital 20
Recital 20
(20) This Directive should be without prejudice to existingencourage arrangements in the Member States concerning the management of rights such asbased on compulsory licenses or extended collective licences.
Amendment 86 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive concerns certain uses of orphan works undertaken by publicly accessible libraries, educational establishments or museums as well as by archives, audio and film heritage institutions and public service broadcasting organizations.
Amendment 98 #
Proposal for a directive
Article 1 – paragraph 2 – point 3
Article 1 – paragraph 2 – point 3
(3) Cinematographic, audio or audiovisual works produced by public service broadcasting organisations before the 31 December 2002 and contained in their archives.
Amendment 109 #
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 115 #
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 rightholders and users, and include, the sources listed in the Annex, provided these sources are publicly accessible online.