43 Amendments of Petra KAMMEREVERT related to 2011/0136(COD)
Amendment 38 #
Proposal for a directive
Recital 1
Recital 1
(1) Libraries, 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 Europeas well as private collections are engaged in Ddigital Libraries. Libraries, museums, archives, educational establishments, film heritage institutions and public service broadcasting organisations in the Member Statesisation of their collections or archives. 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. Technologies for mass scale digitisation of print materials and for search and indexing enhance the research value of the libraries' collections.
Amendment 48 #
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 or holder of a related right 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.
Amendment 55 #
Proposal for a directive
Recital 4
Recital 4
(4) The exclusive rights for authors of reproduction, of communication to the public and of making available to the public of their works, as harmonised under Directive 2001/29/EC of the European Parliament and Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, require the consent of the author prior to the digitisation and making available of a work.
Amendment 56 #
Proposal for a directive
Recital 5
Recital 5
(5) In the case of orphan works, such prior consent to carry out acts of reproduction or of making available to the public cannot be obtained.
Amendment 61 #
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, educational establishments, archives, film heritage institutions and public service broadcasting organisations.
Amendment 67 #
Proposal for a directive
Recital 8
Recital 8
Amendment 74 #
Proposal for a directive
Recital 9
Recital 9
(9) For the purposes of this Directive, cinematographic, audio and audiovisual works, or contributions to works contained therein, in the archives of public service broadcasting organisations should be understood as including works commissioned by such organisations for their exclusive exploitation.
Amendment 86 #
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 author or holder of related rights should be carried out. Member States should be permitted tomay provide that such a diligent search may be carried out by the organisations referred to in this Directive or by other organisations, in particular duly entitled collecting societies.
Amendment 89 #
Proposal for a directive
Recital 13
Recital 13
(13) It is appropriate to provide for a harmonised approach concerning such diligent search in order to ensure a high level of protection of copyright in the Union. A diligent search should involve the consultation of publicly accessible databases that supply information on the copyright status of a work. Moreover, in order to avoid duplication of costly digitisation, Member States should ensure that use of orphan works by the organisations referred to in this Directive is recorded in a publicly accessible database. To the extent possible, publicly accessible databases of search results and use of orphan works should be designed and implemented so as to permit interlinkage with each other on a pan- European level and consultation thereof through a single entry point.
Amendment 94 #
Proposal for a directive
Recital 14
Recital 14
(14) Orphan works may have several authors or holders of related rights or include other works or protected subject matter. This Directive should not affect the rights of known or identified rightholders.
Amendment 100 #
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, restorationauthorise measures to make available and reproduce orphan works, also with the aim of preserving and restoring works and the provision ofding 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 102 #
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, broadcasting organisations and other cultural institutions may, with a view to undertake the uses permitted under this Directive, conclude agreements with commercial partners for the digitisation and making available of orphan works. These agreements may include financial contributions by such partners.
Amendment 104 #
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, 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 112 #
Proposal for a directive
Recital 20
Recital 20
(20) This Directive should be without prejudice to existing and future arrangements in the Member States concerning the management of rights such as extended collective licences.
Amendment 114 #
Proposal for a directive
Recital 21
Recital 21
Amendment 116 #
Proposal for a directive
Recital 22
Recital 22
(22) When a Member State authorises, under the conditions established in this Directive, the use of orphan works by publicly accessible libraries, educational establishments, museums, archives, film heritage institutions or public service broadcasting organisations for purposes beyond their public interest mission, rightholders who come forward to claim their works should be remunerated. Such remuneration should take account of the type of work and the use concerned. Member States may provide that revenues collected from such use of orphan works for the purpose of remuneration but which are unclaimed after the expiry of the period fixed in accordance with this Directive should contribute to financing rights information sources that will facilitate diligent search, by low-cost and automated means, in respect of categories of works that fall actually or potentially within the scope of application of this Directive.
Amendment 124 #
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 organizations.
Amendment 132 #
Proposal for a directive
Article 1 – paragraph 2 – introductory wording
Article 1 – paragraph 2 – introductory wording
2. This Directive applies to works first published, exhibited or broadcast in a Member State and which are:
Amendment 134 #
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 or archivephotographs and artworks, or
Amendment 138 #
Proposal for a directive
Article 1 – paragraph 2 – point 2
Article 1 – paragraph 2 – point 2
(2) Cinematographic, audio or audiovisual works or contained in the collections of film heritage institutionsributions to works contained therein, or
Amendment 139 #
Proposal for a directive
Article 1 – paragraph 2 – point 3
Article 1 – paragraph 2 – point 3
Amendment 148 #
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 workauthor or the holder of a related copyright is not identified or, even if identified, is not located after a diligent search for the rightholderm has been carried out and recorded in accordance with Article 3. In the case of cinematographic, audio and audiovisual works, this may also apply to individual, discrete contributions to the work; in that event, only the part in question shall be considered an orphan work.
Amendment 152 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Where a work has more than one rightholder, and one of the rightholders has been identified and located, that work shall not be considered an orphan workauthor or holder of a related copyright, authorisation given by those authors or rightholders who could be located shall be deemed sufficient for the work as a whole to be used if other authors or holders of related copyright in accordance with this Directive could not be identified or located. In the case of works whose individual parts can be clearly attributed to different authors or holders of related copyright, each part of the work shall be the subject of a specific investigation to determine whether it is an orphan work within the meaning of Article 2(1).
Amendment 153 #
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)or contribution to a work is an orphan work, the owner shall ensure that a diligent search is carried out for each work, by consulting the appropriate sources for the category of works in question. Owners may ask copyright collection societies to carry out this task.
Amendment 157 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The sources that are appropriate for each category of works shall be determined by each Member State, in consultation with right and shoulders and users, and include, the sources listed in the Annex.
Amendment 164 #
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, exhibition, or broadcast.
Amendment 179 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure that a rightthe author or the holder inof a work considered to be orphanright related to copyright has, at any time, the possibility of putting an end to the orphan status.
Amendment 183 #
Proposal for a directive
Article 6 – paragraph 1 – introductory wording
Article 6 – paragraph 1 – introductory wording
1. Member States shall ensure that the organisations referred to in Article 1(1) are permitted to use an orphan workorphan works or orphan contributions to works may be used in the following ways:
Amendment 187 #
Proposal for a directive
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) by makcommunicating the orphan work to the public and making it available, within the meaning of Article 3 of Directive 2001/29/EC;
Amendment 188 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 192 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 194 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 199 #
Proposal for a directive
Article 7 – title
Article 7 – title
Article 7 deleted Authorised uses of orphan works
Amendment 201 #
Proposal for a directive
Article 7 – paragraph 1 – introductory wording
Article 7 – paragraph 1 – introductory wording
Amendment 205 #
Proposal for a directive
Article 7 – paragraph 1 – point 1
Article 7 – paragraph 1 – point 1
Amendment 207 #
Proposal for a directive
Article 7 – paragraph 1 – point 2
Article 7 – paragraph 1 – point 2
Amendment 210 #
Proposal for a directive
Article 7 – paragraph 1 – point 3
Article 7 – paragraph 1 – point 3
Amendment 212 #
Proposal for a directive
Article 7 – paragraph 1 – point 4
Article 7 – paragraph 1 – point 4
Amendment 215 #
Proposal for a directive
Article 7 – paragraph 1 – point 5
Article 7 – paragraph 1 – point 5
Amendment 217 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 219 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Amendment 220 #
Proposal for a directive
Article 7 b (new)
Article 7 b (new)
Article 7b Records of use and remuneration 1. Member States shall ensure that diligent searches for orphan works or orphan contributions to works are recorded in a publicly accessible form. To that end they, in collaboration with the Commission, shall devise EU-wide uniform minimum standards and seek to set up or use a central data bank. 2. Member States shall ensure that the use of orphan works or orphan contributions to works is recorded in a publicly accessible form. To that end they, in collaboration with the Commission, shall devise EU-wide uniform minimum standards and seek to set up or use a central data bank. 3. In the case of orphan works or orphan contributions to works where authors or holders of copyright-related rights have been identified but not located, the names of those persons shall be indicated whenever the works are used. 4. Authors or holders of copyright-related rights who put an end to the orphan status of a work in accordance with Article 5 shall be remunerated for the use previously made of the work. They may claim their remuneration within a period fixed by Member States, which shall not be less than five years from the date of the act giving rise to the claim. If a collecting society as referred to in Article 3 was entitled to collect remuneration as a trustee, claims for remuneration shall be made against the collecting society. 5. Revenues available within collecting societies which are unclaimed after the expiry of the period fixed in accordance with paragraph 4 shall be used for the purposes for which collecting societies normally use such revenues. Member States may provide for those revenues to be used to cover the costs of diligent search or of maintenance and servicing of the data banks required for that purpose.
Amendment 223 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. This Directive shall be without prejudice to existing or future arrangements in Member States for the management of rights in respect of objects protected by copyright or related rights, in particular collective licensing systems, presumptions concerning the representation of rightholders or the transfer of rights, legally obligatory management systems, or combinations thereof.