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20120317-EU-Orphan Works Proposal for a Directive-Consolidated Version After Vote in JURI EU Parliament Commission-EnG

20120317-EU-Orphan Works Proposal for a Directive-Consolidated Version After Vote in JURI EU Parliament Commission-EnG

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Published by Axel Beelen
It's a copy of a consolidated version of the Proposal for a Directive related to certain uses of orphan works including the amendments voted in the JURI European Parliament Commission the February 29th 2012 (ENG).
It's a copy of a consolidated version of the Proposal for a Directive related to certain uses of orphan works including the amendments voted in the JURI European Parliament Commission the February 29th 2012 (ENG).

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Categories:Types, Business/Law
Published by: Axel Beelen on Mar 17, 2012
Copyright:Attribution Non-commercial

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03/18/2012

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EUROPEAN COMMISSION + JURI EP CommissionBrussels, 24.5.2011 + 29.02.2012COM(2011) 289 final2011/0136 (COD)
Proposal for aDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon certain permitted uses of orphan workswith the amendments voted in the JURI EP Commission (February 29th 2012)
(Text with EEA relevance) {SEC(2011) 615 final}  {SEC(2011) 616 final} 
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Proposal for aDIRECTIVE 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 particularArticles 49, 56 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 Committee11,Acting in accordance with the ordinary legislative procedure,
Whereas
:(1)Libraries, museums, archives, educational establishments, film heritage institutions andpublic service broadcasting organisations established in the Member States are engagedin large-scale digitisation of their collections or archives in order to create European DigitalLibraries. They contribute to the preservation and dissemination of European culturalheritage, which is also important for the creation of European Digital Libraries, such asEuropeana. Technologies for mass scale digitisation of print materials and for search andindexing enhance the research value of the libraries' collections.(2)The need to promote free movement of knowledge and innovation in the internalmarket is an important component of the Europe 2020 Strategy, as set out in theCommunication from the Commission "Europe 2020: A strategy for smart, sustainableand inclusive growth"12, which includes as one of its flagship initiatives thedevelopment of a Digital Agenda for Europe.(3)Creating a legal framework to facilitate the digitisation and dissemination of works subjectto copyright or related rights for which no rightholder is identified or, even if identified, isnot located, so called orphan works, is a key action of the Digital Agenda for Europe, asset out in the Communication from the Commission to the European Parliament, theCouncil, the European Economic and Social Committee and the Committee of Regions –A Digital Agenda for Europe.
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(4)The exclusive rights for rightholders of reproduction and of making available to the publicof their works, as harmonised under Directive 2001/29/EC of the European Parliament andCouncil of 22 May 2001 on the harmonisation of certain aspects of copyright and relatedrights in the information society, require the consent of the rightholder prior to thedigitisation and making available of a work.(4a) Copyright is the economic foundation for the creative industry, since it stimulatesinnovation, creation, investment and production. Mass digitisation and dissemination ofworks is therefore a means of protecting Europe’s cultural heritage. Copyright is animportant tool for ensuring that the creative sector is rewarded for its work.(5)In the case of orphan works, such prior consent to carry out acts of reproduction or ofmaking available to the public cannot be obtained.(6)Different approaches in the Member States to the recognition of orphan work statuscan present obstacles to the functioning of the internal market and the use and cross-border access to orphan works. Such different approaches can also result in restrictionson the free movement of goods and services which incorporate cultural content.Therefore, ensuring the mutual recognition of such status is appropriate.(7)In particular, a common approach to determine the orphan status and the permitteduses of orphan works is necessary to ensure legal certainty in the internal market withrespect to the use of orphan works by libraries, museums, educational establishments,archives, film heritage institutions and public service broadcasting organisations.(8)deleted(8a) It is essential to prevent the creation of new orphan works in the future, taking intoaccount the ever-increasing production and dissemination of creative content online in thedigital era. A clear indication on how to identify and locate the rightholders is required, aswell as specific registration, as a precondition for the full exercise of rights. It is alsonecessary to create a solid framework for the acquisition of rights. The legal frameworkshould be open to technical developments and sufficiently flexible to allow for futurecontracts between rightholders.(9)For the purposes of this Directive, phonograms, cinematographic, audio and audiovisualworks in the archives of public service broadcasting organisations should be understoodas including works, which were commissioned by such organisations for their exclusiveexploitation.(10)The creation of large online libraries facilitate electronic search and discovery toolswhich open up new sources of discovery for researchers and academics that wouldotherwise have to content themselves with more traditional and analogue searchmethods.
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