BETA


Events

2012/10/27
   Final act published in Official Journal
Details

PURPOSE: to create a legal framework to ensure the lawful, cross-border online access to orphan works.

LEGISLATIVE ACT: Directive 2012/28/EU of the European Parliament and of the Council on certain permitted uses of orphan works.

CONTENT: following agreement at first reading, the European Parliament and Council adopted the Directive establishing a legal framework aimed at improving access to and digitisation of orphan works across the EU. Orphan works are works (such as books, newspapers, magazines, audio recordings, films, etc.) that are protected by copyright but whose owners cannot be identified or found.

The Directive facilitates the digitisation of and lawful cross-border online access to orphan works contained in the collections of libraries, educational establishments, museums, archives, audiovisual heritage institutions and public service broadcasting organisations. These beneficiary institutions will be able to use orphan works when fulfilling their public interest missions without the risk of infringing copyright. It is a major step for the creation and development of digital libraries, such as Europeana , which contribute to the preservation and dissemination of European cultural heritage.

The Directive will apply to works that are first published or broadcast in the territory of an EU Member State. A diligent search for right holders will be carried out in that Member State prior to granting the orphan work status. Material catalogued as having orphan status in a Member State will have the same status in all Member States. A single publicly accessible online database will contain the information related to orphan works, including the results of searches for right holders.

The Directive provides for a system of compensation in the event of reappearing right holders.

The main points of the Directive are as follows:

Copyright as the basis of innovation : as suggested by Parliament, the Directive stresses that copyright is the economic foundation for the creative industry, since it stimulates innovation, creation, investment and production. Mass digitisation and dissemination of works is therefore a means of protecting Europe’s cultural heritage. It also recalls that copyright is an important tool for ensuring that the creative sector is rewarded for its work.

Purpose and scope : the Directive concerns certain uses of orphan works undertaken by publicly accessible libraries, educational establishments or museums as well as by archives, film and audio heritage institutions, publishers and public service broadcasting organisations established in the Member States, in order to achieve aims related to their public-interest missions.

The Directive applies to:

· works published in the form of books, journals, newspapers, magazines or other writings contained in the collections of publicly accessible libraries, educational establishments or museums as well as in the collections of archives or of film or audio heritage institutions;

· cinematographic or audiovisual works and phonograms contained in the collections of publicly accessible libraries, educational establishments or museums as well as in the collections of archives or of film or audio heritage institutions; and

· cinematographic or audiovisual works and phonograms produced by public-service broadcasting organisations up to and including 31 December 2002 and contained in their archives which are protected by copyright or related rights and which are first published in a Member State or, in the absence of publication, first broadcast in a Member State.

Orphan works:

· a work or a phonogram shall be considered an orphan work if none of the rightholders in that work or phonogram is identified or, even if one or more of them is identified, none is located despite a diligent search for the rightholders having been carried out and recorded;

· where there is more than one rightholder in a work or phonogram, and not all of them have been identified or, even if identified, located after a diligent search has been carried out and, the work or phonogram may be used in accordance with the Directive provided that the rightholders that have been identified and located have, in relation to the rights they hold, authorised the organisations referred to in the Directive to carry out the acts of reproduction and making available to the public covered Directive 2001/29/EC.

Diligent search:

· a diligent search must be carried out in good faith prior to the use of the work or phonogram;

· it shall be carried out in the Member State of first publication or, in the absence of publication, first broadcast, except in the case of cinematographic or audiovisual works the producer of which has his headquarters or habitual residence in a Member State, in which case the diligent search shall be carried out in the Member State of his headquarters or habitual residence;

· if there is evidence to suggest that relevant information on rightholders is to be found in other countries, sources of information available in those other countries shall also be consulted;

· the organisations referred to in the Directive must maintain records of their diligent searches and provide information to the competent national authorities showing that that a work or a phonogram is considered an orphan work;

· the information on the diligent searches must be recorded in a single publicly accessible online database established and managed by the Office for Harmonisation in the Internal Market.

End of orphan work status : a rightholder in a work or phonogram considered to be an orphan work must have h, at any time, the possibility of putting an end to the orphan work status in so far as his rights are concerned.

Permitted uses of orphan works : Member States shall provide for an exception or limitation to the right of reproduction and the right of making available to the public provided for respectively in Directive 2001/29/EC to ensure that the organisations referred to above are permitted to use orphan works contained in their collections in the following ways:

· by making the orphan work available to the public;

· by acts of reproduction, for the purposes of digitisation, making available, indexing, cataloguing, preservation or restoration.

The organisations may use an orphan work only in order to achieve aims related to their public-interest missions, in particular the preservation of, the restoration of, and the provision of cultural and educational access to, works and phonograms contained in their collection. They may generate revenues in the course of such uses, for the exclusive purpose of covering their costs of digitising orphan works and making them available to the public. The organisations shall indicate the name of identified authors and other rightholders in any use of an orphan work;

A fair compensation must be due to rightholders that put an end to the orphan work status of their works or other protected subject matter for the use that has been made of such works and other protected subject matter in accordance with the Directive. Member States shall be free to determine the circumstances under which the payment of such compensation may be organised. The level of the compensation shall be determined, within the limits imposed by Union law, by the law of the Member State in which the organisation that uses the orphan work in question is established.

Review: the Commission shall submit 3 years after entry into force of the Directive and at annual intervals thereafter, a report concerning the possible inclusion in the scope of application of this Directive of publishers and of works or other protected subject-matter not currently included in its scope.

ENTRY INTO FORCE: 28/10/2012

TRANSPOSITION: by 29/10/ 2014.

APPLICATION: the Directive shall apply in respect of all works and phonograms which are protected by Member States' legislation in the field of copyright on or after 29/10/ 2014, and shall apply without prejudice to any acts concluded and rights acquired before that date.

2012/10/25
   CSL - Draft final act
Documents
2012/10/25
   CSL - Final act signed
2012/10/25
   EP - End of procedure in Parliament
2012/10/11
   EC - Commission response to text adopted in plenary
Documents
2012/10/04
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2012/10/04
   CSL - Council Meeting
2012/09/13
   EP - Results of vote in Parliament
2012/09/13
   EP - Debate in Parliament
2012/09/13
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 531 votes to 11 with 65 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on certain permitted uses of orphan works.

Parliament adopted its position in first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise negotiated between Parliament and Council. They amend the Commission proposal as follows:

Copyright as the basis of innovation : as suggested by Parliament, the amended text stresses that copyright is the economic foundation for the creative industry, since it stimulates innovation, creation, investment and production. Mass digitisation and dissemination of works is therefore a means of protecting Europe’s cultural heritage. It also recalls that copyright is an important tool for ensuring that the creative sector is rewarded for its work.

Purpose and scope : the Directive concerns certain uses of orphan works undertaken by publicly accessible libraries, educational establishments or museums as well as by archives, film and audio heritage institutions, publishers and public service broadcasting organisations established in the Member States, in order to achieve aims related to their public-interest missions.

The Directive applies to:

· works published in the form of books, journals, newspapers, magazines or other writings contained in the collections of publicly accessible libraries, educational establishments or museums as well as in the collections of archives or of film or audio heritage institutions;

· cinematographic or audiovisual works and phonograms contained in the collections of publicly accessible libraries, educational establishments or museums as well as in the collections of archives or of film or audio heritage institutions; and

· cinematographic or audiovisual works and phonograms produced by public-service broadcasting organisations up to and including 31 December 2002 and contained in their archives which are protected by copyright or related rights and which are first published in a Member State or, in the absence of publication, first broadcast in a Member State.

Orphan works:

· a work or a phonogram shall be considered an orphan work if none of the rightholders in that work or phonogram is identified or, even if one or more of them is identified, none is located despite a diligent search for the rightholders having been carried out and recorded;

· where there is more than one rightholder in a work or phonogram, and not all of them have been identified or, even if identified, located after a diligent search has been carried out and, the work or phonogram may be used in accordance with the Directive provided that the rightholders that have been identified and located have, in relation to the rights they hold, authorised the organisations referred to in the Directive to carry out the acts of reproduction and making available to the public covered Directive 2001/29/EC.

Diligent search:

· a diligent search must be carried out in good faith prior to the use of the work or phonogram;

· a diligent search shall be carried out in the Member State of first publication or, in the absence of publication, first broadcast, except in the case of cinematographic or audiovisual works the producer of which has his headquarters or habitual residence in a Member State, in which case the diligent search shall be carried out in the Member State of his headquarters or habitual residence;

· if there is evidence to suggest that relevant information on rightholders is to be found in other countries , sources of information available in those other countries shall also be consulted;

· the organisations referred to in the Directive must maintain records of their diligent searches and provide information to the competent national authorities showing that that a work or a phonogram is considered an orphan work;

· the information on the diligent searches must be recorded in a single publicly accessible online database established and managed by the Office for Harmonisation in the Internal Market.

End of orphan work status : a rightholder in a work or phonogram considered to be an orphan work must have h, at any time, the possibility of putting an end to the orphan work status in so far as his rights are concerned.

Permitted uses of orphan works :

· the organisations may generate revenues in the course of such uses, for the exclusive purpose of covering their costs of digitising orphan works and making them available to the public. The organisations shall indicate the name of identified authors and other rightholders in any use of an orphan work;

· a fair compensation must be due to rightholders that put an end to the orphan work status of their works or other protected subject matter for the use that has been made of such works and other protected subject matter in accordance with the Directive. Member States shall be free to determine the circumstances under which the payment of such compensation may be organised. The level of the compensation shall be determined, within the limits imposed by Union law, by the law of the Member State in which the organisation that uses the orphan work in question is established.

Review: the Commission shall submit 3 years after entry into force of the Directive and at annual intervals thereafter, a report concerning the possible inclusion in the scope of application of this Directive of publishers and of works or other protected subject-matter not currently included in its scope.

Documents
2012/03/28
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Legal Affairs adopted the report by Lidia Joanna GERINGER de OEDENBERG (S&D, PL) on the proposal for a directive of the European Parliament and of the Council on certain permitted uses of orphan works.

The committee recommends that the European Parliament’s position in first reading following the ordinary legislative procedure should amend the Commission proposal as follows:

Copyright as the basis of innovation : report stresses that copyright is the economic foundation for the creative industry, since it stimulates innovation, creation, investment and production. Mass digitisation and dissemination of works is therefore a means of protecting Europe’s cultural heritage. Copyright is an important tool for ensuring that the creative sector is rewarded for its work.

Purpose and scope : the Directive concerns certain uses of orphan works undertaken by publicly accessible libraries, educational establishments or museums as well as by archives, film and audio heritage institutions, publishers and public service broadcasting organisations established in the Member States .

This Directive applies to works subject to copyright or related rights, which were first published or broadcast in the territory of a Member State, and which are contained in the own collection and archives of the organisations referred to in the text, and which are:

1. Works in the form of books, journals, newspapers, magazines or other writings and printed materials , or

2. Phonograms, cinematographic or audiovisual works.

The Directive shall also apply to works that constitute an integral or embedded part of works referred to above, including fine art, photographs, illustrations, designs, architecture, sketches of these works and other works.

The directive will not apply to cinematographic, audio or audiovisual works produced by public service broadcasting organisations before the 31 December 2002 and contained in their archives, as the Commission had proposed.

Orphan works: Members state that a work shall be considered an orphan work if one or more of the rightholders are not identified or, even if identified, are not located after a diligent search for the rightholder has been carried out and recorded in accordance with the directive.

Diligent search for rightholders : for the purposes of establishing whether a work is an orphan work, a diligent search must be carried out in good faith. 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.

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.

In the event that the diligent search is carried out by an organisation other than an organisation referred to in the directive, the latter shall remain liable for the search performed.

Furthermore, Member States shall ensure that the results of diligent searches carried out in their territories are recorded in a publicly accessible database, designed and implemented so as to permit interlinkage with each other on a pan-European level.

End of orphan status : Members inserted a clause stating that a work shall cease to be an orphan work only if all the rightholders to that work are identified and located.

A rightholder who put an end to the orphan status of the work in respect of the rights to which he is entitled must receive an appropriate and fair remuneration for the use of the work.

Permitted uses of orphan works : an amendment states that if, in the case of an orphan work, one or more rightholders has been identified but not located, the name(s) of the rightholder(s) shall be indicated every time a work is used.

The organisations using an orphan work shall:

· maintain records of their diligent searches;

· maintain publicly accessible records of their use of orphan works;

· indicate, in any use of an orphan work where one or more rightholder has been identified but not located, the name of such rightholder.

Member States shall communicate to the Commission the list and the online location of the databases in their territory, and any subsequent modification thereof, where the organisations referred to in the directive maintain records of their diligent searches and of the use they make of orphan works. The Commission shall transmit this information to all Member States.

In order to avoid duplication of costly digitisation, Member States shall permit the organisations to interlink for the purpose of making available to each other the orphan works contained in their respective collections.

Arrangements concerning rights' management systems : the Directive shall be without prejudice to arrangements in the Member States concerning any form of rights' management systems, such as extended collective licences.

Preventive measures : in coordination with the parties concerned, Member States shall promote all preventive measures likely to limit the occurrence of orphan works in the future and to reduce their number.

Retention of other provisions : Members state that the Directive shall be without prejudice to the Member States’ arrangements concerning mass-scale digitisation of works, such as those relating to out-of-commerce works.

Documents
2012/03/01
   EP - Vote in committee, 1st reading/single reading
2011/12/07
   EP - Committee opinion
Documents
2011/12/06
   EP - Committee opinion
Documents
2011/12/05
   CSL - Debate in Council
Details

Ministers took note of the progress made on three files under examination by the Council preparatory bodies in the field of intellectual property:

· a draft directive on the protection of orphan works;

· a draft regulation for entrusting the Office for Harmonisation in the Internal Market with certain tasks related to the protection of intellectual property ; and

· a draft regulation concerning customs enforcement of intellectual property rights.

Documents
2011/12/05
   CSL - Council Meeting
2011/10/28
   EP - Amendments tabled in committee
Documents
2011/09/28
   PT_PARLIAMENT - Contribution
Documents
2011/09/27
   EP - Committee draft report
Documents
2011/09/21
   IT_SENATE - Contribution
Documents
2011/07/13
   EP - VERHEYEN Sabine (PPE) appointed as rapporteur in CULT
2011/07/11
   EP - GERINGER DE OEDENBERG Lidia Joanna (S&D) appointed as rapporteur in JURI
2011/07/11
   EP - MANDERS Antonius (ALDE) appointed as rapporteur in IMCO
2011/06/23
   EP - Committee referral announced in Parliament, 1st reading/single reading
2011/05/24
   EC - Document attached to the procedure
2011/05/24
   EC - Document attached to the procedure
2011/05/24
   EC - Legislative proposal published
Details

PURPOSE: to create a legal framework to ensure the lawful, cross-border online access to orphan works.

PROPOSED ACT: Directive of the European Parliament and of the Council.

BACKGROUND: l ibraries, museums, archives, educational establishments, film heritage institutions and public service broadcasting organisations are engaged in large-scale digitisation of their collections or archives in order to create European Digital Libraries. In so doing, they contribute to the preservation and dissemination of European cultural heritage, which is also important for the creation of European Digital Libraries, such as Europeana.

Prior authorisations are necessary to make works protected by copyright available to the public in an online digital library or archive. When the relevant copyright owner cannot be identified or found the works in question are known as orphan works. Libraries or other institutions that make works available online to the public without prior authorisation risk infringing copyright.

This initiative builds on the Commission's 2006 Recommendation on the digitisation and online accessibility of cultural content and digital preservation. Despite the Recommendation, only a handful of Member States have implemented orphan works legislation. The few existing national solutions are circumscribed by the fact that they limit online access to citizens resident in their national territories.

The creation of a legal framework to facilitate the cross-border digitisation and dissemination of orphan works in the single market is also one of the key actions identified in the Digital Agenda for Europe which is part of the Europe 2020 Strategy.

IMPACT ASSESSMENT: t he impact assessment analyses six options :

Option 1 : do nothing, Option 2 : a statutory exception to copyright, Option 3 : extended collective licensing, Option 4 : an orphan-specific licence granted by collecting societies, Option 5 : an orphan-specific licence granted by a public body, and Option 6 : the mutual recognition of national solutions regarding orphan works.

All policy options (except Option 1) are premised on the adoption of a directive that will require all Member States to enact specific orphan works legislation within a specified timeframe. All policy options, except Option 3, are premised on the requirement that a diligent search is necessary prior to the making available of an orphan work in an online digital library.

The Commission considers that an approach based on mutual recognition of the orphan status ( Option 6 ) allows libraries and other beneficiaries to enjoy legal certainty as to the "orphan status" of a particular work. Mutual recognition ensures that the orphan works contained in a digital library would be available to citizens across Europe.

LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU).

CONTENT: the main objective of this proposal is to create a legal framework to ensure the lawful, crossborder online access to orphan works contained in online digital libraries or archives operated by a variety of institutions that are specified in the proposal when such orphan works are used in the pursuance of the public interest mission of such institutions.

Such works include:

works published in the form of books, journals, newspapers, magazines or other writings, and which are contained in the collections of publicly accessible libraries, educational establishments, museums or archives, or cinematographic or audiovisual works contained in the collections of film heritage institutions, or cinematographic, audio or audiovisual works produced by public service broadcasting organisations before the 31 December 2002 and contained in their archives.

The proposal deals with the diligent search necessary to identify whether a particular work is an orphan work and, once this has been established, to make it legal to make this work available to the public online under certain conditions and for specific purposes. The proposal also clarifies the application of extended collective licences to works which are potentially orphan works.

More specifically, the proposal:

contains the definition of an orphan work. The definition of an orphan work incorporates the requirement of a diligent search; explains how the diligent search is to be carried out by those who are permitted to use orphan works. It also clarifies that a diligent search need only be carried out in the Member State of first publication of the work; establishes the principle of mutual recognition whereby a work deemed to be an orphan work after a diligent search shall be considered an orphan work in all Member States; concerns the possibility to put an end to the orphan work status; enumerates the uses that the named beneficiaries are permitted to undertake with respect to orphan works (to make them available to the public, within the meaning of Directive 2001/29/EC, and to reproduce such works, within the meaning of Directive 2001/29/EC, for the purposes of achieving their public interest mission); specifies how Member States may permit certain additional uses under specific conditions.

BUDGETARY IMPLICATIONS: the proposal has no implication for the Union budget.

Documents

Activities

Votes

A7-0055/2012 - Lidia Joanna Geringer de Oedenberg - Résolution législative

2012/09/13 Outcome: +: 531, 0: 65, -: 11
DE IT FR PL ES GB RO HU CZ SE EL BG AT BE PT SK IE FI DK SI NL LT LU EE LV CY MT ??
Total
90
52
65
47
42
46
29
19
22
20
20
14
17
14
17
11
11
11
8
7
8
7
6
6
7
6
3
2
icon: PPE PPE
224

Czechia PPE

2

Netherlands PPE

2

Luxembourg PPE

3

Estonia PPE

For (1)

1
2

Malta PPE

For (1)

1
2
icon: S&D S&D
158

Bulgaria S&D

3

Finland S&D

2

Slovenia S&D

For (1)

1

Netherlands S&D

For (1)

1

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1
icon: ALDE ALDE
66

Spain ALDE

1

Greece ALDE

1

Slovakia ALDE

For (1)

1
3

Slovenia ALDE

2

Netherlands ALDE

2

Lithuania ALDE

1

Luxembourg ALDE

For (1)

1
icon: ECR ECR
41

Hungary ECR

For (1)

1

Denmark ECR

For (1)

1

Latvia ECR

For (1)

1
icon: Verts/ALE Verts/ALE
48

Spain Verts/ALE

2

United Kingdom Verts/ALE

For (1)

Abstain (2)

3

Sweden Verts/ALE

Against (1)

Abstain (1)

4

Greece Verts/ALE

Abstain (1)

1

Austria Verts/ALE

2

Belgium Verts/ALE

2

Portugal Verts/ALE

Abstain (1)

1

Finland Verts/ALE

Abstain (2)

2

Denmark Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

Abstain (1)

1

Latvia Verts/ALE

Abstain (1)

1
icon: EFD EFD
24

Greece EFD

2

Belgium EFD

For (1)

1

Slovakia EFD

For (1)

1

Finland EFD

For (1)

1

Netherlands EFD

For (1)

1

Lithuania EFD

Abstain (1)

1
icon: NI NI
17

France NI

2

Spain NI

1

United Kingdom NI

For (1)

3

Romania NI

2

Hungary NI

1

Bulgaria NI

1

Belgium NI

For (1)

1

Netherlands NI

1
icon: GUE/NGL GUE/NGL
29

Spain GUE/NGL

Abstain (1)

1

United Kingdom GUE/NGL

Abstain (1)

1

Sweden GUE/NGL

Abstain (1)

1

Greece GUE/NGL

Abstain (1)

2
4

Ireland GUE/NGL

Against (1)

1

Netherlands GUE/NGL

1

Latvia GUE/NGL

Abstain (1)

1

Cyprus GUE/NGL

2
AmendmentsDossier
398 2011/0136(COD)
2011/10/14 CULT 193 amendments...
source: PE-472.126
2011/10/27 IMCO 83 amendments...
source: PE-475.793
2011/10/28 JURI 122 amendments...
source: PE-475.839

History

(these mark the time of scraping, not the official date of the change)

committees/0
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shadows
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committees/3
type
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rapporteur
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docs/0/docs/0/url
Old
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activities
  • date: 2011-05-24T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0289/COM_COM(2011)0289_EN.pdf title: COM(2011)0289 type: Legislative proposal published celexid: CELEX:52011PC0289:EN body: EC commission: DG: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services Commissioner: BARNIER Michel type: Legislative proposal published
  • date: 2011-06-23T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: CULT date: 2011-07-13T00:00:00 committee_full: Culture and Education rapporteur: group: PPE name: VERHEYEN Sabine body: EP responsible: False committee: IMCO date: 2011-07-11T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: ALDE name: MANDERS Toine body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP shadows: group: PPE name: NIEBLER Angelika group: ALDE name: THEIN Alexandra group: Verts/ALE name: ENGSTRÖM Christian responsible: True committee: JURI date: 2011-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: GERINGER DE OEDENBERG Lidia Joanna
  • body: CSL meeting_id: 3133 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3133*&MEET_DATE=05/12/2011 type: Debate in Council title: 3133 council: Competitiveness (Internal Market, Industry, Research and Space) date: 2011-12-05T00:00:00 type: Council Meeting
  • date: 2012-03-01T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee: CULT date: 2011-07-13T00:00:00 committee_full: Culture and Education rapporteur: group: PPE name: VERHEYEN Sabine body: EP responsible: False committee: IMCO date: 2011-07-11T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: ALDE name: MANDERS Toine body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP shadows: group: PPE name: NIEBLER Angelika group: ALDE name: THEIN Alexandra group: Verts/ALE name: ENGSTRÖM Christian responsible: True committee: JURI date: 2011-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: GERINGER DE OEDENBERG Lidia Joanna
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-55&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0055/2012 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee: CULT date: 2011-07-13T00:00:00 committee_full: Culture and Education rapporteur: group: PPE name: VERHEYEN Sabine body: EP responsible: False committee: IMCO date: 2011-07-11T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: ALDE name: MANDERS Toine body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP shadows: group: PPE name: NIEBLER Angelika group: ALDE name: THEIN Alexandra group: Verts/ALE name: ENGSTRÖM Christian responsible: True committee: JURI date: 2011-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: GERINGER DE OEDENBERG Lidia Joanna date: 2012-03-28T00:00:00
  • date: 2012-09-13T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=21279&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20120913&type=CRE type: Debate in Parliament title: Debate in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-349 type: Decision by Parliament, 1st reading/single reading title: T7-0349/2012 body: EP type: Results of vote in Parliament
  • date: 2012-10-04T00:00:00 body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 3188
  • date: 2012-10-04T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2012-10-25T00:00:00 body: CSL type: Final act signed
  • date: 2012-10-25T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2012-10-27T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012L0028 title: Directive 2012/28 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2012:299:TOC title: OJ L 299 27.10.2012, p. 0005
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council
  • body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 3188 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3188*&MEET_DATE=04/10/2012 date: 2012-10-04T00:00:00
  • body: CSL type: Council Meeting council: Competitiveness (Internal Market, Industry, Research and Space) meeting_id: 3133 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3133*&MEET_DATE=05/12/2011 date: 2011-12-05T00:00:00
docs
  • date: 2011-05-24T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/sec/2011/0615/COM_SEC(2011)0615_EN.pdf title: SEC(2011)0615 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=SECfinal&an_doc=2011&nu_doc=615 title: EUR-Lex type: Document attached to the procedure body: EC
  • date: 2011-05-24T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/sec/2011/0616/COM_SEC(2011)0616_EN.pdf title: SEC(2011)0616 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=SECfinal&an_doc=2011&nu_doc=616 title: EUR-Lex type: Document attached to the procedure body: EC
  • date: 2011-09-27T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE472.338 title: PE472.338 type: Committee draft report body: EP
  • date: 2011-10-28T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE475.839 title: PE475.839 type: Amendments tabled in committee body: EP
  • date: 2011-12-06T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE472.125&secondRef=02 title: PE472.125 committee: CULT type: Committee opinion body: EP
  • date: 2011-12-07T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE473.720&secondRef=02 title: PE473.720 committee: IMCO type: Committee opinion body: EP
  • date: 2012-10-11T00:00:00 docs: url: /oeil/spdoc.do?i=21279&j=0&l=en title: SP(2012)665 type: Commission response to text adopted in plenary
  • date: 2012-10-25T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F12&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00036/2012/LEX type: Draft final act body: CSL
  • date: 2011-09-21T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2011)0289 title: COM(2011)0289 type: Contribution body: IT_SENATE
  • date: 2011-09-28T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2011)0289 title: COM(2011)0289 type: Contribution body: PT_PARLIAMENT
events
  • date: 2011-05-24T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2011/0289/COM_COM(2011)0289_EN.pdf title: COM(2011)0289 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=289 title: EUR-Lex summary: PURPOSE: to create a legal framework to ensure the lawful, cross-border online access to orphan works. PROPOSED ACT: Directive of the European Parliament and of the Council. BACKGROUND: l ibraries, museums, archives, educational establishments, film heritage institutions and public service broadcasting organisations are engaged in large-scale digitisation of their collections or archives in order to create European Digital Libraries. In so doing, they contribute to the preservation and dissemination of European cultural heritage, which is also important for the creation of European Digital Libraries, such as Europeana. Prior authorisations are necessary to make works protected by copyright available to the public in an online digital library or archive. When the relevant copyright owner cannot be identified or found the works in question are known as orphan works. Libraries or other institutions that make works available online to the public without prior authorisation risk infringing copyright. This initiative builds on the Commission's 2006 Recommendation on the digitisation and online accessibility of cultural content and digital preservation. Despite the Recommendation, only a handful of Member States have implemented orphan works legislation. The few existing national solutions are circumscribed by the fact that they limit online access to citizens resident in their national territories. The creation of a legal framework to facilitate the cross-border digitisation and dissemination of orphan works in the single market is also one of the key actions identified in the Digital Agenda for Europe which is part of the Europe 2020 Strategy. IMPACT ASSESSMENT: t he impact assessment analyses six options : Option 1 : do nothing, Option 2 : a statutory exception to copyright, Option 3 : extended collective licensing, Option 4 : an orphan-specific licence granted by collecting societies, Option 5 : an orphan-specific licence granted by a public body, and Option 6 : the mutual recognition of national solutions regarding orphan works. All policy options (except Option 1) are premised on the adoption of a directive that will require all Member States to enact specific orphan works legislation within a specified timeframe. All policy options, except Option 3, are premised on the requirement that a diligent search is necessary prior to the making available of an orphan work in an online digital library. The Commission considers that an approach based on mutual recognition of the orphan status ( Option 6 ) allows libraries and other beneficiaries to enjoy legal certainty as to the "orphan status" of a particular work. Mutual recognition ensures that the orphan works contained in a digital library would be available to citizens across Europe. LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the main objective of this proposal is to create a legal framework to ensure the lawful, crossborder online access to orphan works contained in online digital libraries or archives operated by a variety of institutions that are specified in the proposal when such orphan works are used in the pursuance of the public interest mission of such institutions. Such works include: works published in the form of books, journals, newspapers, magazines or other writings, and which are contained in the collections of publicly accessible libraries, educational establishments, museums or archives, or cinematographic or audiovisual works contained in the collections of film heritage institutions, or cinematographic, audio or audiovisual works produced by public service broadcasting organisations before the 31 December 2002 and contained in their archives. The proposal deals with the diligent search necessary to identify whether a particular work is an orphan work and, once this has been established, to make it legal to make this work available to the public online under certain conditions and for specific purposes. The proposal also clarifies the application of extended collective licences to works which are potentially orphan works. More specifically, the proposal: contains the definition of an orphan work. The definition of an orphan work incorporates the requirement of a diligent search; explains how the diligent search is to be carried out by those who are permitted to use orphan works. It also clarifies that a diligent search need only be carried out in the Member State of first publication of the work; establishes the principle of mutual recognition whereby a work deemed to be an orphan work after a diligent search shall be considered an orphan work in all Member States; concerns the possibility to put an end to the orphan work status; enumerates the uses that the named beneficiaries are permitted to undertake with respect to orphan works (to make them available to the public, within the meaning of Directive 2001/29/EC, and to reproduce such works, within the meaning of Directive 2001/29/EC, for the purposes of achieving their public interest mission); specifies how Member States may permit certain additional uses under specific conditions. BUDGETARY IMPLICATIONS: the proposal has no implication for the Union budget.
  • date: 2011-06-23T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2011-12-05T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3133*&MEET_DATE=05/12/2011 title: 3133 summary: Ministers took note of the progress made on three files under examination by the Council preparatory bodies in the field of intellectual property: · a draft directive on the protection of orphan works; · a draft regulation for entrusting the Office for Harmonisation in the Internal Market with certain tasks related to the protection of intellectual property ; and · a draft regulation concerning customs enforcement of intellectual property rights.
  • date: 2012-03-01T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2012-03-28T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-55&language=EN title: A7-0055/2012 summary: The Committee on Legal Affairs adopted the report by Lidia Joanna GERINGER de OEDENBERG (S&D, PL) on the proposal for a directive of the European Parliament and of the Council on certain permitted uses of orphan works. The committee recommends that the European Parliament’s position in first reading following the ordinary legislative procedure should amend the Commission proposal as follows: Copyright as the basis of innovation : report stresses that copyright is the economic foundation for the creative industry, since it stimulates innovation, creation, investment and production. Mass digitisation and dissemination of works is therefore a means of protecting Europe’s cultural heritage. Copyright is an important tool for ensuring that the creative sector is rewarded for its work. Purpose and scope : the Directive concerns certain uses of orphan works undertaken by publicly accessible libraries, educational establishments or museums as well as by archives, film and audio heritage institutions, publishers and public service broadcasting organisations established in the Member States . This Directive applies to works subject to copyright or related rights, which were first published or broadcast in the territory of a Member State, and which are contained in the own collection and archives of the organisations referred to in the text, and which are: 1. Works in the form of books, journals, newspapers, magazines or other writings and printed materials , or 2. Phonograms, cinematographic or audiovisual works. The Directive shall also apply to works that constitute an integral or embedded part of works referred to above, including fine art, photographs, illustrations, designs, architecture, sketches of these works and other works. The directive will not apply to cinematographic, audio or audiovisual works produced by public service broadcasting organisations before the 31 December 2002 and contained in their archives, as the Commission had proposed. Orphan works: Members state that a work shall be considered an orphan work if one or more of the rightholders are not identified or, even if identified, are not located after a diligent search for the rightholder has been carried out and recorded in accordance with the directive. Diligent search for rightholders : for the purposes of establishing whether a work is an orphan work, a diligent search must be carried out in good faith. 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. 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. In the event that the diligent search is carried out by an organisation other than an organisation referred to in the directive, the latter shall remain liable for the search performed. Furthermore, Member States shall ensure that the results of diligent searches carried out in their territories are recorded in a publicly accessible database, designed and implemented so as to permit interlinkage with each other on a pan-European level. End of orphan status : Members inserted a clause stating that a work shall cease to be an orphan work only if all the rightholders to that work are identified and located. A rightholder who put an end to the orphan status of the work in respect of the rights to which he is entitled must receive an appropriate and fair remuneration for the use of the work. Permitted uses of orphan works : an amendment states that if, in the case of an orphan work, one or more rightholders has been identified but not located, the name(s) of the rightholder(s) shall be indicated every time a work is used. The organisations using an orphan work shall: · maintain records of their diligent searches; · maintain publicly accessible records of their use of orphan works; · indicate, in any use of an orphan work where one or more rightholder has been identified but not located, the name of such rightholder. Member States shall communicate to the Commission the list and the online location of the databases in their territory, and any subsequent modification thereof, where the organisations referred to in the directive maintain records of their diligent searches and of the use they make of orphan works. The Commission shall transmit this information to all Member States. In order to avoid duplication of costly digitisation, Member States shall permit the organisations to interlink for the purpose of making available to each other the orphan works contained in their respective collections. Arrangements concerning rights' management systems : the Directive shall be without prejudice to arrangements in the Member States concerning any form of rights' management systems, such as extended collective licences. Preventive measures : in coordination with the parties concerned, Member States shall promote all preventive measures likely to limit the occurrence of orphan works in the future and to reduce their number. Retention of other provisions : Members state that the Directive shall be without prejudice to the Member States’ arrangements concerning mass-scale digitisation of works, such as those relating to out-of-commerce works.
  • date: 2012-09-13T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=21279&l=en title: Results of vote in Parliament
  • date: 2012-09-13T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20120913&type=CRE title: Debate in Parliament
  • date: 2012-09-13T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-349 title: T7-0349/2012 summary: The European Parliament adopted by 531 votes to 11 with 65 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on certain permitted uses of orphan works. Parliament adopted its position in first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise negotiated between Parliament and Council. They amend the Commission proposal as follows: Copyright as the basis of innovation : as suggested by Parliament, the amended text stresses that copyright is the economic foundation for the creative industry, since it stimulates innovation, creation, investment and production. Mass digitisation and dissemination of works is therefore a means of protecting Europe’s cultural heritage. It also recalls that copyright is an important tool for ensuring that the creative sector is rewarded for its work. Purpose and scope : the Directive concerns certain uses of orphan works undertaken by publicly accessible libraries, educational establishments or museums as well as by archives, film and audio heritage institutions, publishers and public service broadcasting organisations established in the Member States, in order to achieve aims related to their public-interest missions. The Directive applies to: · works published in the form of books, journals, newspapers, magazines or other writings contained in the collections of publicly accessible libraries, educational establishments or museums as well as in the collections of archives or of film or audio heritage institutions; · cinematographic or audiovisual works and phonograms contained in the collections of publicly accessible libraries, educational establishments or museums as well as in the collections of archives or of film or audio heritage institutions; and · cinematographic or audiovisual works and phonograms produced by public-service broadcasting organisations up to and including 31 December 2002 and contained in their archives which are protected by copyright or related rights and which are first published in a Member State or, in the absence of publication, first broadcast in a Member State. Orphan works: · a work or a phonogram shall be considered an orphan work if none of the rightholders in that work or phonogram is identified or, even if one or more of them is identified, none is located despite a diligent search for the rightholders having been carried out and recorded; · where there is more than one rightholder in a work or phonogram, and not all of them have been identified or, even if identified, located after a diligent search has been carried out and, the work or phonogram may be used in accordance with the Directive provided that the rightholders that have been identified and located have, in relation to the rights they hold, authorised the organisations referred to in the Directive to carry out the acts of reproduction and making available to the public covered Directive 2001/29/EC. Diligent search: · a diligent search must be carried out in good faith prior to the use of the work or phonogram; · a diligent search shall be carried out in the Member State of first publication or, in the absence of publication, first broadcast, except in the case of cinematographic or audiovisual works the producer of which has his headquarters or habitual residence in a Member State, in which case the diligent search shall be carried out in the Member State of his headquarters or habitual residence; · if there is evidence to suggest that relevant information on rightholders is to be found in other countries , sources of information available in those other countries shall also be consulted; · the organisations referred to in the Directive must maintain records of their diligent searches and provide information to the competent national authorities showing that that a work or a phonogram is considered an orphan work; · the information on the diligent searches must be recorded in a single publicly accessible online database established and managed by the Office for Harmonisation in the Internal Market. End of orphan work status : a rightholder in a work or phonogram considered to be an orphan work must have h, at any time, the possibility of putting an end to the orphan work status in so far as his rights are concerned. Permitted uses of orphan works : · the organisations may generate revenues in the course of such uses, for the exclusive purpose of covering their costs of digitising orphan works and making them available to the public. The organisations shall indicate the name of identified authors and other rightholders in any use of an orphan work; · a fair compensation must be due to rightholders that put an end to the orphan work status of their works or other protected subject matter for the use that has been made of such works and other protected subject matter in accordance with the Directive. Member States shall be free to determine the circumstances under which the payment of such compensation may be organised. The level of the compensation shall be determined, within the limits imposed by Union law, by the law of the Member State in which the organisation that uses the orphan work in question is established. Review: the Commission shall submit 3 years after entry into force of the Directive and at annual intervals thereafter, a report concerning the possible inclusion in the scope of application of this Directive of publishers and of works or other protected subject-matter not currently included in its scope.
  • date: 2012-10-04T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2012-10-25T00:00:00 type: Final act signed body: CSL
  • date: 2012-10-25T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2012-10-27T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to create a legal framework to ensure the lawful, cross-border online access to orphan works. LEGISLATIVE ACT: Directive 2012/28/EU of the European Parliament and of the Council on certain permitted uses of orphan works. CONTENT: following agreement at first reading, the European Parliament and Council adopted the Directive establishing a legal framework aimed at improving access to and digitisation of orphan works across the EU. Orphan works are works (such as books, newspapers, magazines, audio recordings, films, etc.) that are protected by copyright but whose owners cannot be identified or found. The Directive facilitates the digitisation of and lawful cross-border online access to orphan works contained in the collections of libraries, educational establishments, museums, archives, audiovisual heritage institutions and public service broadcasting organisations. These beneficiary institutions will be able to use orphan works when fulfilling their public interest missions without the risk of infringing copyright. It is a major step for the creation and development of digital libraries, such as Europeana , which contribute to the preservation and dissemination of European cultural heritage. The Directive will apply to works that are first published or broadcast in the territory of an EU Member State. A diligent search for right holders will be carried out in that Member State prior to granting the orphan work status. Material catalogued as having orphan status in a Member State will have the same status in all Member States. A single publicly accessible online database will contain the information related to orphan works, including the results of searches for right holders. The Directive provides for a system of compensation in the event of reappearing right holders. The main points of the Directive are as follows: Copyright as the basis of innovation : as suggested by Parliament, the Directive stresses that copyright is the economic foundation for the creative industry, since it stimulates innovation, creation, investment and production. Mass digitisation and dissemination of works is therefore a means of protecting Europe’s cultural heritage. It also recalls that copyright is an important tool for ensuring that the creative sector is rewarded for its work. Purpose and scope : the Directive concerns certain uses of orphan works undertaken by publicly accessible libraries, educational establishments or museums as well as by archives, film and audio heritage institutions, publishers and public service broadcasting organisations established in the Member States, in order to achieve aims related to their public-interest missions. The Directive applies to: · works published in the form of books, journals, newspapers, magazines or other writings contained in the collections of publicly accessible libraries, educational establishments or museums as well as in the collections of archives or of film or audio heritage institutions; · cinematographic or audiovisual works and phonograms contained in the collections of publicly accessible libraries, educational establishments or museums as well as in the collections of archives or of film or audio heritage institutions; and · cinematographic or audiovisual works and phonograms produced by public-service broadcasting organisations up to and including 31 December 2002 and contained in their archives which are protected by copyright or related rights and which are first published in a Member State or, in the absence of publication, first broadcast in a Member State. Orphan works: · a work or a phonogram shall be considered an orphan work if none of the rightholders in that work or phonogram is identified or, even if one or more of them is identified, none is located despite a diligent search for the rightholders having been carried out and recorded; · where there is more than one rightholder in a work or phonogram, and not all of them have been identified or, even if identified, located after a diligent search has been carried out and, the work or phonogram may be used in accordance with the Directive provided that the rightholders that have been identified and located have, in relation to the rights they hold, authorised the organisations referred to in the Directive to carry out the acts of reproduction and making available to the public covered Directive 2001/29/EC. Diligent search: · a diligent search must be carried out in good faith prior to the use of the work or phonogram; · it shall be carried out in the Member State of first publication or, in the absence of publication, first broadcast, except in the case of cinematographic or audiovisual works the producer of which has his headquarters or habitual residence in a Member State, in which case the diligent search shall be carried out in the Member State of his headquarters or habitual residence; · if there is evidence to suggest that relevant information on rightholders is to be found in other countries, sources of information available in those other countries shall also be consulted; · the organisations referred to in the Directive must maintain records of their diligent searches and provide information to the competent national authorities showing that that a work or a phonogram is considered an orphan work; · the information on the diligent searches must be recorded in a single publicly accessible online database established and managed by the Office for Harmonisation in the Internal Market. End of orphan work status : a rightholder in a work or phonogram considered to be an orphan work must have h, at any time, the possibility of putting an end to the orphan work status in so far as his rights are concerned. Permitted uses of orphan works : Member States shall provide for an exception or limitation to the right of reproduction and the right of making available to the public provided for respectively in Directive 2001/29/EC to ensure that the organisations referred to above are permitted to use orphan works contained in their collections in the following ways: · by making the orphan work available to the public; · by acts of reproduction, for the purposes of digitisation, making available, indexing, cataloguing, preservation or restoration. The organisations may use an orphan work only in order to achieve aims related to their public-interest missions, in particular the preservation of, the restoration of, and the provision of cultural and educational access to, works and phonograms contained in their collection. They may generate revenues in the course of such uses, for the exclusive purpose of covering their costs of digitising orphan works and making them available to the public. The organisations shall indicate the name of identified authors and other rightholders in any use of an orphan work; A fair compensation must be due to rightholders that put an end to the orphan work status of their works or other protected subject matter for the use that has been made of such works and other protected subject matter in accordance with the Directive. Member States shall be free to determine the circumstances under which the payment of such compensation may be organised. The level of the compensation shall be determined, within the limits imposed by Union law, by the law of the Member State in which the organisation that uses the orphan work in question is established. Review: the Commission shall submit 3 years after entry into force of the Directive and at annual intervals thereafter, a report concerning the possible inclusion in the scope of application of this Directive of publishers and of works or other protected subject-matter not currently included in its scope. ENTRY INTO FORCE: 28/10/2012 TRANSPOSITION: by 29/10/ 2014. APPLICATION: the Directive shall apply in respect of all works and phonograms which are protected by Member States' legislation in the field of copyright on or after 29/10/ 2014, and shall apply without prejudice to any acts concluded and rights acquired before that date. docs: title: Directive 2012/28 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012L0028 title: OJ L 299 27.10.2012, p. 0005 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2012:299:TOC
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services commissioner: BARNIER Michel
otherinst
  • name: European Economic and Social Committee
procedure/Mandatory consultation of other institutions
Economic and Social Committee
procedure/Modified legal basis
Old
Rules of Procedure of the European Parliament EP 150
New
Rules of Procedure EP 150
procedure/dossier_of_the_committee
Old
JURI/7/06115
New
  • JURI/7/06115
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012L0028
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012L0028
procedure/legal_basis/0
Treaty on the Functioning of the EU TFEU 049
procedure/legal_basis/2
Treaty on the Functioning of the EU TFEU 49
procedure/other_consulted_institutions
European Economic and Social Committee
procedure/subject
Old
  • 2.40 Free movement of services, freedom to provide
  • 3.30.01 Audiovisual industry and services
  • 3.30.08 Press, media freedom and pluralism
  • 3.30.25 International information networks and society, internet
  • 3.50.15 Intellectual property, copyright
  • 4.45.08 Cultural and artistic activities, books and reading, arts
  • 4.45.10 Literary and artistic property
New
2.40
Free movement of services, freedom to provide
3.30.01
Audiovisual industry and services
3.30.08
Press, media freedom and pluralism
3.30.25
International information networks and society, internet
3.50.15
Intellectual property, copyright
4.45.08
Cultural and artistic activities, books and reading, arts
4.45.10
Literary and artistic property
activities/0/docs/0/celexid
CELEX:52011PC0289:EN
activities/0/docs/0/celexid
CELEX:52011PC0289:EN
links/European Commission/title
Old
PreLex
New
EUR-Lex
procedure/subject/2
Old
3.30.08 Press, media pluralism
New
3.30.08 Press, media freedom and pluralism
activities
  • date: 2011-05-24T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0289/COM_COM(2011)0289_EN.pdf title: COM(2011)0289 type: Legislative proposal published celexid: CELEX:52011PC0289:EN body: EC type: Legislative proposal published commission: DG: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services Commissioner: BARNIER Michel
  • date: 2011-06-23T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: CULT date: 2011-07-13T00:00:00 committee_full: Culture and Education rapporteur: group: PPE name: VERHEYEN Sabine body: EP responsible: False committee: IMCO date: 2011-07-11T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: ALDE name: MANDERS Toine body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP shadows: group: PPE name: NIEBLER Angelika group: ALDE name: THEIN Alexandra group: Verts/ALE name: ENGSTRÖM Christian responsible: True committee: JURI date: 2011-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: GERINGER DE OEDENBERG Lidia Joanna
  • body: CSL meeting_id: 3133 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3133*&MEET_DATE=05/12/2011 type: Debate in Council title: 3133 council: Competitiveness (Internal Market, Industry, Research and Space) date: 2011-12-05T00:00:00 type: Council Meeting
  • date: 2012-03-01T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee: CULT date: 2011-07-13T00:00:00 committee_full: Culture and Education rapporteur: group: PPE name: VERHEYEN Sabine body: EP responsible: False committee: IMCO date: 2011-07-11T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: ALDE name: MANDERS Toine body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP shadows: group: PPE name: NIEBLER Angelika group: ALDE name: THEIN Alexandra group: Verts/ALE name: ENGSTRÖM Christian responsible: True committee: JURI date: 2011-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: GERINGER DE OEDENBERG Lidia Joanna
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-55&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0055/2012 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee: CULT date: 2011-07-13T00:00:00 committee_full: Culture and Education rapporteur: group: PPE name: VERHEYEN Sabine body: EP responsible: False committee: IMCO date: 2011-07-11T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: ALDE name: MANDERS Toine body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP shadows: group: PPE name: NIEBLER Angelika group: ALDE name: THEIN Alexandra group: Verts/ALE name: ENGSTRÖM Christian responsible: True committee: JURI date: 2011-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: GERINGER DE OEDENBERG Lidia Joanna date: 2012-03-28T00:00:00
  • date: 2012-09-13T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=21279&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20120913&type=CRE type: Debate in Parliament title: Debate in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-349 type: Decision by Parliament, 1st reading/single reading title: T7-0349/2012 body: EP type: Results of vote in Parliament
  • date: 2012-10-04T00:00:00 body: CSL type: Council Meeting council: Employment, Social Policy, Health and Consumer Affairs meeting_id: 3188
  • date: 2012-10-04T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2012-10-25T00:00:00 body: CSL type: Final act signed
  • date: 2012-10-25T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2012-10-27T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012L0028 title: Directive 2012/28 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2012:299:TOC title: OJ L 299 27.10.2012, p. 0005
committees
  • body: EP responsible: False committee: CULT date: 2011-07-13T00:00:00 committee_full: Culture and Education rapporteur: group: PPE name: VERHEYEN Sabine
  • body: EP responsible: False committee: IMCO date: 2011-07-11T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: ALDE name: MANDERS Toine
  • body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
  • body: EP shadows: group: PPE name: NIEBLER Angelika group: ALDE name: THEIN Alexandra group: Verts/ALE name: ENGSTRÖM Christian responsible: True committee: JURI date: 2011-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: GERINGER DE OEDENBERG Lidia Joanna
links
National parliaments
European Commission
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services commissioner: BARNIER Michel
procedure
dossier_of_the_committee
JURI/7/06115
Mandatory consultation of other institutions
Economic and Social Committee
reference
2011/0136(COD)
subtype
Legislation
legal_basis
stage_reached
Procedure completed
instrument
Directive
Modified legal basis
Rules of Procedure of the European Parliament EP 150
title
Orphan works: permitted uses
type
COD - Ordinary legislative procedure (ex-codecision procedure)
final
subject