Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-09-13-Speech-4-043-000"
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"en.20120913.7.4-043-000"2
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"Madam President, Europe’s richness lies in its diversity: the diversity of sound recordings, films, books and cultural and scientific values. The problem is, however, that if we lock away so many of these works, all that withers away. If we cannot find rights holders and the search for them is so costly and associated with legal uncertainty, something is going badly wrong. That leads to these works not being orphaned, but lost. We urgently need innovation in Europe. Research and development are to be promoted. Clearly, in order to bring that situation about, we need simple legal, cross-border online access to these orphan works, as one piece in the jigsaw.
The rapporteur, Ms Geringer de Oedenberg, and many of the shadow rapporteurs have produced a fine piece of work. I do note, however, that there are a few spanners in the works, as I see them, in the compromises. The report contains many positive elements. It is an important first step. The next step, however – and thank goodness that a review clause was provided – must be approached in an even more committed manner. It is good that this is being regulated at European level at all. It is good that the principle of mutual recognition is to be included. The rules governing partially orphaned works and, in particular, the practically significant rule that a database of orphan works is to be established, are particularly worthy of note.
The rules governing the diligent search are sound in principle, as is the fact that we now talk of compensation rather than remuneration. Here, too, however, you can see the glass as half-full or half-empty, as legal uncertainties remain, and here, too, we may be dealing with something of a sword of Damocles for those who attempt to perform as diligent a search as possible when trying to discover the creator, but who have no ultimate certainty in that regard.
The so-called ‘profit ban’ on profit-oriented exploitation is more than a fly in the ointment. I say the ‘so-called’ profit ban, as profits will clearly continue to be made, the question is always just, by whom? The majority of the works will thus continue to rest dormant.
Finally, I would like to remind everyone of our own goal. We should prevent there being so many orphan works in Europe in the first place. In this respect, the long durations of protection are, of course, the major cause."@en1
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