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    European Parliament Passes Orphan Works Directive

    Published on 13 September 2012 @ 4:25 pm

    Intellectual Property Watch

    By Monika Ermert for Intellectual Property Watch

    The European Parliament today passed a “directive on certain permitted uses of orphan works” with 531 in favour versus 65 opposed (11 abstentions). The directive will be a good first step toward allowing the digitisation and making available to the public of older copyrighted works that are buried in the archives and libraries of the Union because no rights holder can be located, the lead rapporteur Lidia Geringer de Oedenberg (S&D) and many supportive MEPs said.

    The draft directive is available here.

    Yet many members, even those voting in favour, criticised the directive as not ambitious enough. The risk of becoming liable for compensation of a re-appearing rights-holder paired with the ban of commercial benefits for the venturing institutions could make the use of orphaned works too risky for libraries and archives, they said. Old broadcasting material (for example from Europe’s big public broadcasters) is even more at risk as there were always a lot of additional rights holders in addition to the main authors.

    Pirate Party Member Christian Engstroem welcomed the centralised database on orphaned works and the acknowledgment of orphan status researched in one EU member states for Union in general but complained that Parliament had missed a chance. According to Engstroem, Parliament should have gone with the bolder proposal prepared by the European Commission. Digital Agenda Commissioner Neelie Kroes, said to be the “fairy godmother” of the orphaned works directive, this week announced that digital copyright as a whole should be urgently rethought on a broader scale. The orphan works directive that now has to be passed through the Council and implemented in the member states is only one of several projects on copyright in the information society.

    A critique of the outcome from the TransAtlantic Consumer Dialogue is here.

    The new directive “will not facilitate nor promote mass digitization and large-scale preservation of Europe´s vast cultural heritage,” it said. “Countless out-of-circulation works whose authors are unknown or not found will remain unaccessible. This has been an historic missed opportunity.”

     

    Comments

    1. Intersect Alert September 16, 2012 | SLA San Francisco Bay Region Chapter says:

      [...] European Parliament Passes Orphan Works Directive “The European Parliament today passed a “directive on certain permitted uses of orphan works” with 531 in favour versus 65 opposed (11 abstentions). The directive will be a good first step toward allowing the digitisation and making available to the public of older copyrighted works that are buried in the archives and libraries of the Union because no rights holder can be located, the lead rapporteur Lidia Geringer de Oedenberg (S&D) and many supportive MEPs said.” http://www.ip-watch.org/2012/09/13/european-parliament-passes-orphan-works-directive/ [...]

    2. Opere orfane, nuova legge approvata in Europa | Tropico del Libro says:

      [...] suoi beneficiari all’ambigua definizione di “diligente ricerca”), la legge approvata è stata criticata in in quanto non abbastanza ambiziosa, e definita «una storica opportunità mancata». Vari sono [...]

    3. Orphan works directive approved by EU Parliament‏ | Sampsung Xiaoxiang Shi's Blawg: 侍孝祥的《知识产权法》网络课堂 says:

      [...] urge everyone to reconsider because at the moment it simply isn’t useful.” According to the Swedish MEP, Parliament should have adopted the bolder proposal prepared by the [...]

    4. mapoloko kabeli says:

      We may not agree with some of the decisions made but information should be made available to people who needs it. digitization and making available to the public of this information is indead a good stept as the copyrighted owners cannot be traced.

    5. Most-Read IP-Watch Stories Of 2012: India Pharma, Europe, ACTA, WIPO Technical Assistance, Gene Patents | Intellectual Property Watch says:

      [...] European Parliament Passes Orphan Works Directive http://www.ip-watch.org/2012/09/13/european-parliament-passes-orphan-works-directive/ [...]

    6. EIFL Guide: The European Orphan Works Directive | Intellectual Property Watch says:

      [...] the Orphan Works Directive) sets out rules for the digitisation and online display of orphan works (IPW, European Policy, 13 September 2012). However, the objective was not fully realised, according to the EIFL, which says that libraries [...]

    7. EU’s Attempt to Address the Thorny Orphan Works Problem | Berkeley Technology Law Journal says:

      […] other members of the European Parliament, even those voting in favor, shared the same critiques regarding the Directive and, since the latter did not strive to address those issues, they referred […]


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    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

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    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

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