Activities of Zoltán BAGÓ related to 2011/0136(COD)
Plenary speeches (1)
Permitted uses of orphan works (debate)
Amendments (13)
Amendment 42 #
Proposal for a directive
Recital 1
Recital 1
(1) Libraries, museums, records offices, 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. Libraries, museums, records offices, archives, educational establishments, film heritage institutions and public service broadcasting organisations in the Member States contribute to the preservation and dissemination of European cultural heritage, which is also important for the creation of European Digital Libraries, such as Europeana. Technologies for mass scale digitisation of print materials and for search and indexing enhance the research value of the libraries' collections.
Amendment 59 #
Proposal for a directive
Recital 5
Recital 5
(5) In the case of orphan works, such prior author’s consent to carry out acts of reproduction or of making available to the public cannot be obtained.
Amendment 64 #
Proposal for a directive
Recital 7
Recital 7
(7) In particular, a common approach to determine the orphan status and the permitted uses of orphan works is necessary to ensure legal certainty in the internal market with respect to the use of orphan works by libraries, museums, records offices, archives, educational establishments, archives, film heritage institutions and public service broadcasting organisations.
Amendment 88 #
Proposal for a directive
Recital 12
Recital 12
(12) Before a work can be considered an orphan work, a search for the author based on good faith, respect and reasonable diligent search for the authorce 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 98 #
Proposal for a directive
Recital 16
Recital 16
(16) It is appropriate to provide that authors are entitled to putinitiate putting an end to the orphan status in case they come forward to claim their works.
Amendment 101 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to promote learning and culture, Member States should permit libraries, educational establishments and museums which are publicly accessible, as well as archives, records offices, film heritage institutions and public service broadcasting organisations, to make available and reproduce orphan works, provided such use fulfils their public interest missions, notably preservation, restoration and the provision of cultural and educational access to works contained in their collections. Film heritage institutions should, for the purposes of this Directive, cover organisations designated by Member States to collect, catalogue, preserve and restore films forming part of their cultural heritage.
Amendment 105 #
Proposal for a directive
Recital 19
Recital 19
(19) In order to foster the Union's citizens' access to Europe's cultural heritage, it is also necessary to ensure that orphan works which have been digitised and made available to the public in one Member State are also available in other Member States. Publicly accessible libraries, educational establishments, museum, archives, records offices, film heritage institutions and public service broadcasting organisations that use an orphan work in order to achieve their public interest missions should be able to make the orphan work available to the public in other Member States.
Amendment 128 #
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, records offices, film heritage institutions and public service broadcasting organizsations in the Member States.
Amendment 136 #
Proposal for a directive
Article 1 – paragraph 2 – point 1
Article 1 – paragraph 2 – point 1
1. 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, records offices or archives, or
Amendment 150 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
(1) A work shall be considered an orphan work if the rightholder in the work is not identified or, even if identified, is not located after a diligent search for the rightholder has been carried out within a reasonable time and recorded in accordance with Article 3.
Amendment 181 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure that a rightholder in a work considered to be orphan who has meanwhile been located has, at any time, the possibility of initiating putting an end to the orphan status.
Amendment 213 #
Proposal for a directive
Article 7 – paragraph 1 – point 4
Article 7 – paragraph 1 – point 4
4. rightholders which put an end to the orphan status of the work, within the meaning of Article 5, are subsequently remunerated for the use that has been made of the work by the organisations referred to in Article 1(1);
Amendment 221 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
This Directive shall be without prejudice to provisions concerning in particular patent rights, trade marks, design rights, utility models, topographies of semi-conductor products, type faces, conditional access, access to cable of broadcasting services, protection of national treasures, legal deposit requirements, laws on restrictive practices and unfair competition, state secrets, trade secrets, security, confidentiality, data protection and privacy, protection of personal privacy rights, access to public documents, the law of contract.