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20111212-Orphan work Directive-Revised Presidency compromise proposal-ENG

20111212-Orphan work Directive-Revised Presidency compromise proposal-ENG

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Published by Axel Beelen
It's a copy of the Revised Presidency compromise proposal for a Directive related to the orphan works exploitation of Decembre 12th 2011 (ENG).
It's a copy of the Revised Presidency compromise proposal for a Directive related to the orphan works exploitation of Decembre 12th 2011 (ENG).

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Categories:Types, Business/Law
Published by: Axel Beelen on Mar 09, 2012
Copyright:Attribution Non-commercial


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COUNCIL OFTHE EUROPEAN UNIONBrussels, 12 December 2011Interinstitutional File:2011/0136 (COD)18511/11PI 185AUDIO 81CULT 117CODEC 2405WORKING DOCUMENT
from:General Secretariatto:Working Party on Intellectual Property (Copyright) No. prev. doc.:15756/11 PI 136 AUDIO 52 CULT 82 CODEC 1731 + COR 116438/11 PI 149 AUDIO 64 CULT 96 CODEC 1908 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-Revised Presidency compromise proposalDelegations will find in Annex, a revised compromise proposal, prepared by the Presidency for discussion at the Working Party on Intellectual Property (Copyright) on 15 December 2011.Changes compared to the previous text (15756/11 + COR 1) are marked.=====================18511/11LK/lo1DG C I
Revised presidency compromise proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon 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 Articles 53(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,Whereas:(1)Libraries, museums, archives, educational establishments, film or audio heritageinstitutions and public service broadcasting organisations are engaged in large-scale digitisationof their collections or archives in order to create European Digital Libraries. Libraries,museums, archives, educational establishments, film or audio heritage institutions and publicservice broadcasting organisations in the Member States contribute to the preservation anddissemination of European cultural heritage, which is also important for the creation of European Digital Libraries, such as Europeana. Technologies for mass scale digitisation of printmaterials and for search and indexing enhance the research value of the libraries' collections.
OJ C , , p. .18511/11LK/lo2ANNEXDG C I
(2)The need to promote free movement of knowledge and innovation in the internal marketis an important component of the Europe 2020 Strategy, as set out in the Communication fromthe Commission "Europe 2020: A strategy for smart, sustainable and inclusive growth"
, whichincludes as one of its flagship initiatives the development of a Digital Agenda for Europe.(3)Creating a legal framework to facilitate the digitisation and dissemination of works andother protected subject matter for which no rightholder is identified or, even if identified, is notlocated, so called orphan works, is a key action of the Digital Agenda for Europe, as set out inthe Communication from the Commission to the European Parliament, the Council, theEuropean Economic and Social Committee and the Committee of Regions – A Digital Agendafor Europe . This action targets the concrete problem of the legal determination of the orphanworks status and its consequences in terms of the permitted users and uses of the work that has been considered to be orphan. It is without prejudice to solutions regarding specific approachesin the Member States related to larger mass scale digitasation issues, such as in the case of socalled "out of commerce works".(4)The exclusive rights of reproduction and of making available to the public of works andother protected subject matter, as harmonised under Directive 2001/29/EC of the EuropeanParliament and Council of 22 May 2001 on the harmonisation of certain aspects of copyrightand related rights in the information society
,require the consent of rightholders prior tothe digitisation and making available of a work and other protected subject matter.
COM(2010) 2020.
OJ L 167, 22.6.2001, p. 10.18511/11LK/lo3ANNEXDG C I

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