Activities of Jean-Marie CAVADA related to 2011/0136(COD)
Legal basis opinions (0)
Amendments (31)
Amendment 44 #
Proposal for a directive
Recital 3
Recital 3
(3) Creating a legal framework to facilitate the digitisation and dissemination of works for which no author isrightholder or rightholders are identified or, even if identified, isare 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 52 #
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 of the 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 authorrightholder or rightholders prior to the digitisation and making available of a work.
Amendment 53 #
Proposal for a directive
Recital 4
Recital 4
(4) The exclusive rights for authorightholders of reproduction and of making availablecommunication to the public of their works, including making them available, 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 authorrightholders prior to the digitisation and makingcommunication of works to the public, including making them available of a workn demand.
Amendment 58 #
Proposal for a directive
Recital 9
Recital 9
(9) For the purposes of this Directive, cinematographic, audio and audiovisual works in the archives of public service broadcasting organisations should be understood as including works commissioned by such organisations for their exclusive exploitation.
Amendment 70 #
Proposal for a directive
Recital 8
Recital 8
(8) Cinematographic, audio and audiovisual works in the archives of public service broadcasting organisations and produced by them may include orphan works. Taking into account the special position of broadcasters as producers of audio and audiovisual material and the need to adopt, measures to limit the phenomena of orphan works in the future, it is appropriate to set a cut off date relating to the application of this Directive as far as the works in the archives of broadcasting organisations are concern should be adopted.
Amendment 73 #
Proposal for a directive
Recital 9
Recital 9
(9) For the purposes of this Directive, cinematographic, audio and audiovisual works in the archives of public service broadcasting organisations should be understood as including workproductions commissioned by such organisations for their exclusive exploitationand funded by broadcasting organisations and over which they had editorial control.
Amendment 84 #
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 authorrightholder or rightholders 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 89 #
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Directive applies to works subject to copyright and related rights in the collections of organisations referred to in Article 1(1) and first published or broadcast in the territory of a Member State and, which are:
Amendment 97 #
Proposal for a directive
Article 1 – paragraph 2 – point 3
Article 1 – paragraph 2 – point 3
(3) Cinematographic,Works which are an integral or incorporated part of an audio or audiovisual works produced and disseminated initially in a Member State by a public service broadcasting organisations before the 31 December 2002 and contained in theirits archives.
Amendment 111 #
Proposal for a directive
Recital 20
Recital 20
(20) This Directive should be without prejudice to existing arrangements inby the Member States concerning the management of rights such as extended collective licences, legal presumptions of representation or transfer, mandatory collective licensing, or any combination thereof.
Amendment 119 #
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 broadcastin whose territory the work was first published or broadcast. It shall be carried out in good faith and in reasonable terms for each work used.
Amendment 125 #
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, film heritage institutions and public service broadcasting organizsations.
Amendment 126 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
This Directive shall be without prejudice to the current or future arrangements laid down by the Member States concerning the management of rights such as extended collective licences.
Amendment 131 #
Proposal for a directive
Article 1 – paragraph 2 – introductory wording
Article 1 – paragraph 2 – introductory wording
2. This Directive applies to orphan works first published or broadcast or fixed in a Member State and which are:
Amendment 136 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) by makcommunicating the orphan work available, within the meaning of Article 3 of Directive 2001/29/ECto the public, including making it available to the public in such a way that members of the public may access it from a place and at a time individually chosen by them;
Amendment 141 #
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 146 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Member States shall ensure that rightholders which put an end to the orphan status of the work, within the meaning of Article 5, are remunerated for the use that has been made of the work by the organisations referred to in Article 1(1);
Amendment 147 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. A work shall be considered an orphan work if the rightone or more of the holder ins of the work iscopyright or related rights are not identified or, even if identified, isare not located after a good faith and diligent search for the rightholder has been carried out and recorded in accordance with Article 3.
Amendment 151 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Where a work has more than one rightholder, and or includes other works or protected subject-matter and at least one of the rightholders has neither been identified andnor located, that work shall notcontinue to be considered an orphan work for the purposes of this Directive. The rights of known or identified rightholders, in particular with regard to their rights to payment, shall not be affected. Member States shall ensure that the organisations referred to in Article 1(1) or, more particularly, duly entitled collecting societies, pursue a diligent search to identify and locate the other holders of rights to the work.
Amendment 155 #
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 good faith and diligent search is carried out for each workindividual work or any other protected subject- matter, by consulting the appropriate sources for the category of works in question.
Amendment 159 #
Proposal for a directive
Article 7 – paragraph 1 – point 5
Article 7 – paragraph 1 – point 5
(5) rightholders may claim their remuneration under point (4) within a period fixed by Member States and which shall not be less than five years from the date of the act givingof exploitation of a work which gives rise to the claim.
Amendment 160 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The sources that are appropriate for each category of works or any other protected subject-matter shall be determined by each Member State, in consultation with rightholders and users, and may include, the sources listed in the Annex.
Amendment 160 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States may choose the means for authorising use within the meaning of paragraph 1 and. They shall remain free to decide on the use of any revenues which are unclaimed after the expiry of the period fixed in accordance with paragraph 1(5). However, preference shall be given to earmarking those revenues for the restoration and digitisation of works and for measures assisting the creative process.
Amendment 163 #
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 fixation.
Amendment 169 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. If a cinematographic or audiovisual work for which a diligent search is being carried out is presumed to be the fruit of a co-production, then the diligent search shall be carried out in the country with the majority participation in the co- production, identifying said country by taking account of material factors such as the language used in the film or the film’s original title. In the event that the search in said country proves unsuccessful, continuing the search in the countries where there is a strong presumption that minority co-producers may be found shall be mandatory.
Amendment 182 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The loss of a work’s orphan status shall not affect existing contracts for the use, in accordance with this Directive, of the work in question.
Amendment 184 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) by makproviding the orphan work available, within the meaning of Article 3 of Directive 2001/29/ECpublic with the orphan work, including its availability to the public at any time and in any place;
Amendment 189 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. However, unless otherwise provided in Article 7, the organisations referred to in Article 1(1) may not use orphan works in order to achieve aims other than their public interest missions, notably preservation, restoration and the provision of cultural and educational access to works contained in their collections for educational and research purposes.
Amendment 195 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. For this Directive to be fully effective, broadcasting organisations need to be able to use recognised orphan works, under the conditions established by this directive, in the course of their normal activities.
Amendment 222 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. This Directive shall apply without prejudice to provisions on the management of rights over works and other protected subject matter, notably provisions on collective licensing, legal presumptions of representation or transfer, mandatory collective licensing, or any combinations thereof, whether said works or protected subject matter are orphan works or not within the meaning of Article 2, in accordance with EU laws and international treaties on copyright and related rights. Where such provisions exist or are introduced, each of the other Member States shall ensure that the beneficiaries referred to in Article 1(1) are legally protected in regard to their use of works or other protected subject matter that is the subject of a licence or authorisation in accordance with these provisions.
Amendment 229 #
Proposal for a directive
Annex – point 5 – introductory wording
Annex – point 5 – introductory wording
5) For audiovisual works contained in the collections of film heritage institutions and public service broadcasting organisations: