Chapter V: Special provisions relating to certain uses of orphan works

The following are subject to this chapter: 1° Orphan works, within the meaning of Article L. 113-10, which were originally published or broadcast in a Member State of the European Union and which belong to one of the following categories: a) Works published in the form of books, journals, newspapers, magazines or other writings forming part of the collections of libraries accessible to the public, museums, archive services, institutions holding…

The organisations mentioned in 1° of Article L. 135-1 may only use the works mentioned in that same article as part of their cultural, educational and research missions and on condition that they do not pursue any profit-making aims and that, where applicable and for a period of no more than seven years, they only receive revenue covering the costs directly arising from the digitisation and making available to the…

An organisation mentioned in 1° of Article L. 135-1 may not apply Article L. 135-2 only after having: 1° Carried out diligent, proven and serious searches for rightholders, pursuant to the first paragraph of Article L. 113-10, in the Member State of the European Union where the first publication or, in the absence thereof, the first broadcast of the work took place. These searches include consultation of the appropriate sources…

Where an orphan work is already registered in the database mentioned in 2° of Article L. 135-3, the organisation is not required to carry out the searches mentioned in the same Article. It must indicate, in accordance with the conditions laid down in the said Article, the use of the orphan work that it intends to make.

When the diligent, proven and serious searches mentioned in Article L. 135-3 have made it possible to identify and locate the holder or holders of the rights in a work, the work ceases to be orphan. When a work has more than one rightholder and it has not been possible to identify and locate all the rightholders, the use of the work provided for in article L. 135-2 is subject…

When a holder of rights in an orphan work justifies his rights to an organisation mentioned in article L. 135-3, the latter may only continue to use the work with the authorisation of the rightholder. The organisation shall pay the rightholder fair compensation for the loss suffered by the rightholder as a result of this use. This compensation is fixed by agreement between the organisation and the rightholder. It may…

A decree in the Council of State shall define the procedures for applying this chapter, in particular the appropriate sources of information for each category of works that must be consulted for the searches provided for in 1° of Article L. 135-3.