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20120608-EU-Orphan Work Proposal of Directive-Final compromise text-ENG

20120608-EU-Orphan Work Proposal of Directive-Final compromise text-ENG

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Published by Axel Beelen
This is a copy of the final compromise text of June related to the orphan works proposal of directive (ENG) (8th June 2012).
This is a copy of the final compromise text of June related to the orphan works proposal of directive (ENG) (8th June 2012).

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Published by: Axel Beelen on Sep 22, 2012
Copyright:Attribution Non-commercial


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 10953/12 LK/kh 1DG G 3B
COUCIL OFTHE EUROPEA UIOBrussels, 8 June 2012Interinstitutional File:2011/0136 (COD)10953/12LIMITEPI 66AUDIO 63CULT 91CODEC 1568"I" ITEM OTE
From: PresidencyTo: Permanent Representatives Committee No. prev. doc.: 10199/12 PI 59 AUDIO 58 CULT 84 CODEC 1385 No. Cion prop.: 10832/11 PI 61 AUDIO 18 CULT 37 CODEC 926Subject: Proposal for a Directive of the European Parliament and of the Council on certain permitted uses of orphan works- Approval of the final compromise text1. On 26 May 2011, the Commission presented the above mentioned Directive, the mainobjective of which is to create a legal framework to ensure the digitisation and lawful, cross- border online access to orphan works contained in the collections of publicly accessiblelibraries, educational establishments, museums, archives, film or audio heritage institutionsand public service broadcasting organisations when orphan works are used in the pursuance of the public interest mission of these organisations.2. With the aim of reaching an agreement at first reading on the proposed Directive, a series oinformal trilogues took place during the Danish Presidency.3. On 1 June 2012, the Permanent Representatives Committee agreed on a compromise packageand mandated the Presidency to defend that package at the following informal trilogue.
 10953/12 LK/kh 2DG G 3B
 4. At the informal trilogue on 6 June 2012, an agreement
ad referendum
was reached among therepresentatives of the three Institutions on the above-mentioned package, a consolidatedversion of which is contained in the Annex to this Note (changes compared to theCommission's proposal are marked)
.5. The Permanent Representatives' Committee is therefore invited to
approve the final compromise text as set out in the Annex to this Note, and- authorise its Chairman to inform the Chair of the European Parliament's Legal AffairsCommittee that, should the European Parliament adopt its position at first reading, inaccordance with Article 294 paragraph 3 of the Treaty, in the form set out in thecompromise package contained in the Annex to this Note (subject to revision by thelegal linguists of both institutions), the Council would, in accordance with Article 294, paragraph 4 of the Treaty, approve the European Parliament’s position and the act shall be adopted in the wording which corresponds to the European Parliament’s position.
Deletions in comparison to the original proposal from the Commission are indicated by […],new text is in
bold italics
 10953/12 LK/kh 3ANNEX DG G 3B
of on certain permitted uses of orphan works(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular 
 Articles53(1), 62 and 114
thereof,Having regard to the proposal from the European Commission,After transmission of the draft legislative act to the national parliaments,Having regard to the opinion of the European Economic and Social Committee
,Acting in accordance with the ordinary legislative procedure
376, 22.12.2011, p. 66.
Position of the European Parliament of …

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