Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-09-13-Speech-4-031-000"
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"en.20120913.7.4-031-000"2
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"Madam President, I am very sad to say that I am very disappointed today. This was a very good opportunity, and I think we missed it. There was a proposal from the Commission, which was limited in scope and I would have wanted it to be better, but it was good. Unfortunately, it got watered down, first by the processing in Parliament, then in the Committee and then in the trialogue. So, what we have now is a directive that, on the surface, if you read it through quickly, gives the impression or the hope that it will be helpful. I do not think it will be, in practice, because there are so many details that restrict what the museums, archives and libraries are allowed to do.
There is one very good thing in this directive: it introduces the new principle of mutual recognition of orphan work status after a diligent search. That is a very good and sensible principle. This means that, for example, if it is a Swedish author, you only have to search in Sweden – unless there are specific reasons to think that an author may be found elsewhere but, basically, for a Swedish author you search in Sweden, and then it is declared orphan all over the Union. That is good, but where are the provisions?
In the Commission proposal, there was an Article 7 that allowed museums and libraries to do some, quite limited, searches but still to have some commercial possibilities – that was taken out. Instead, what was inserted in it was that the museums and libraries will have a liability if they digitise and make available a work and the right holder reappears. Now, we all agree that, if a right holder reappears, he or she should have the right to say: take it down, here I am, and this is mine. That is fine. But what was added also was that the museums and libraries have to pay compensation. Now, the risk is that this will make the directive more or less useless anyway because, if they do not have the legal certainty, there is a big risk that they will not dare to digitise our common cultural heritage.
We all want the same thing here. We would all love to see Europeana filled with lots of works from every Member State. Unfortunately, I do not think this directive will do that. Ms Gallo said that this is not the end of the road, and I want to pick up that. Several other speakers have also said that this is a first step. Yes, it is a first step. It is a very small step, but we will have to return to this. We have not solved the problem, and that makes me a little bit sad."@en1
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