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 film or sound heritage or educational establishments, with the exception of photographs and still images which exist as independent works;
b) Audiovisual or sound works forming part of these collections or which were produced by public service broadcasting organisations before 1 January 2003 and form part of their archives.
The fact that an organisation mentioned in a and b makes a work accessible to the public, with the agreement of the rights holders, is treated in the same way as the publication or broadcast mentioned in the first paragraph of this 1°, provided that it is reasonable to assume that the rights holders would not object to the uses of the orphan work provided for in Article L. 135-2;
2° Any work considered orphan in another Member State pursuant to Article 2 of Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain authorised uses of orphan works.