Permitted uses of orphan works (Art. 6 OWD)
This (mandatory) exception or limitation allows certain cultural heritage institutions and educational establishments to reproduce and make available to the public orphan works contained in their collections, in order to achieve aims related to their public-interest missions. The provision only applies to works published in the form of books, journals, newspapers, magazines or other writings, cinematographic or audiovisual works and phonograms. Cultural heritage institutions have to carry out (and record) a diligent search for the rightholders of those materials.
Only those materials with regards to which none of the rightholders is identified or, even if one or more of them is identified, none is located, can be used under this provision. A fair compensation is due to rightholders that put an end to the orphan work status of their materials for the uses made by the institutions. Information pertaining to materials that have an orphan work status is recorded in a single publicly accessible online database managed by the EUIPO. A material which is considered an orphan work in a Member State shall be considered an orphan work in all Member States.