Activities of Zuzana ROITHOVÁ related to 2011/0136(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on certain permitted uses of orphan works
Amendments (21)
Amendment 17 #
Proposal for a directive
Recital 3
Recital 3
(3) Creating a legal framework to facilitate the digitisation and dissemination of works for which no authorightholder is identified or, even if identified, is not located, so called orphan works, is a key action of the Digital Agenda for Europe, as set out in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions – A Digital Agenda for Europe. (This amendment applies throughout the text.)
Amendment 20 #
Proposal for a directive
Recital 3
Recital 3
(3) Creating a legal framework to facilitate the digitisation and dissemination of works for which no authorightholder is identified or, even if identified, is not located, so called orphan works, is a key action of the Digital Agenda for Europe, as set out in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of Regions – A Digital Agenda for Europe. (This amendment applies throughout the text.)
Amendment 27 #
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 exploitat(Does not affect English version.)
Amendment 29 #
Proposal for a directive
Recital 11
Recital 11
(11) For reasons of international comity, tThis Directive should only apply to works that are first published or broadcast in a Member State. The Commission should study the situation when a work has been produced and disseminated by an entity from a Member State, but first published in a state outside the European Union.
Amendment 34 #
Proposal for a directive
Recital 12
Recital 12
(12) Before a work can be considered an orphan work, a good faith and reasonable diligent search for the authorightholder should be carried out. Member States should be permitted to provide that such a diligent search may be carried out by the organisations referred to in this Directive or by other organisations. In the latter case, organisations referred to in this Directive should remain liable for the diligent search performed.
Amendment 37 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to facilitate cross border access to publicly accessible online databases recording the search results and the use of orphan works, it is appropriate that Member States communicate to the Commission the online location of databases in their territory and that such information is shared by the Commission with other Member States. Practical arrangements should be found to permit the on-line consultation and the interlinkage of these databases through a single European entry point accessible at a distance and by electronic means by the general public and to facilitate access to information contained therein, in particular through technical mechanisms such as machine translations to ease language barriers.
Amendment 41 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to avoid duplication of search efforts, a diligent search should be conducted only in the Member State where the work was first published or broadcast. In order to enable other Member States to ascertain whether the orphan sA good faith and reasonable diligent search carried out in the sources of the Member Statuse of a work has been established in another Member State, Member States should ensure that the results of diligent searches carried out in their territories are recorded in a publicly accessible databasefirst publication or broadcast may in some cases lead to the additional consultation of information available in other Member States.
Amendment 45 #
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, 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.(Does not affect English version)
Amendment 46 #
Proposal for a directive
Recital 18
Recital 18
(18) Contractual arrangements may play a role in fostering the digitisation of European cultural heritage, it being understood that libraries, educational establishments, museums or archives and film heritage institutions may, with a view to undertake the uses permitted under this Directive, conclude agreements with commercial partners for the digitisation and making available of orphan works. These agreements may include financial contributions by such partners. These agreements should not include restrictions to the manner in which libraries, educational establishments, museums or archives and film or audio heritage institutions are allowed under this Directive to use the orphan works to fulfil their public interest mission, in particular as regards the provision of access to the orphan works in a non- exclusive and non discriminatory manner.
Amendment 57 #
Proposal for a directive
Article 1 – paragraph 2 – point 2 a (new)
Article 1 – paragraph 2 – point 2 a (new)
(2a) Works in the form of stand alone photographs and other images, when the diligent search can proceed due to some identifying information attached to such works (e.g. stamps of the photographer’s atelier, etc.) and where the personality rights do not represent the legal obstacle, which are contained in the collections of organisations referred to in Article 1(1), or
Amendment 62 #
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 reasonable diligent search is carried out for each work, by consulting the appropriate sources for the category of works in question.
Amendment 64 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. In case the diligent search is carried out by other organisations than those referred to in Article 1(1), the latter shall remain liable for the search performed.
Amendment 65 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. In case the diligent search is carried out by other organisations than those referred to in Article 1(1), the latter shall remain liable for the search performed.
Amendment 68 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. In particular cases, where territorial boundaries of Member State have changed over time, the diligent search in the Member State of first publication may lead to the consultation of information in another Member State to which the work is the most closely associated because of geographical, linguistic or other relevant reasons.
Amendment 76 #
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) by acts of reproduction, within the meaning of Article 2 of Directive 2001/29/EC, for the purposes ofsuch as searching, digitization, making available, indexing, cataloguing, preservation or restoration.
Amendment 78 #
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, research and educational access to works contained in their collections.
Amendment 81 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Member States shall communicate to the Commission the list and the online location of the databases in their territory, and any modification thereafter, where the organisations referred to in Article 1(1) 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.
Amendment 82 #
Proposal for a directive
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
4b. Together with the Commission, Member States shall put in place practical arrangements to ensure that the databases referred to above can be consulted through a single on-line entry point at the European level.
Amendment 83 #
Proposal for a directive
Article 6 – paragraph 4 c (new)
Article 6 – paragraph 4 c (new)
Amendment 94 #
Proposal for a directive
Article 8
Article 8
Amendment 96 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
The Commission shall keep under constant review the development of works, which are out of commerce, and shall, at the latest two years after the entry into force of this Directive, and regularly thereafter, submit a report concerning the possible solution on the digitisation and wide public access across the Member States to the out-of-commerce-works.