I.-An unavailable work within the meaning of this chapter is a protected work for which it can be presumed in good faith, following reasonable investigative efforts, that it is not available to the public through the usual commercial distribution channels and which was first published or communicated to the public thirty years ago or more.
The reasonable investigative efforts referred to in the previous paragraph shall be carried out by publicly accessible libraries, museums, archive services or institutions depositing the cinematographic, audiovisual or sound heritage, in the case of works listed in this chapter.
The reasonable investigative efforts referred to in the previous paragraph are carried out by libraries accessible to the public, museums, archive services or institutions holding film, audiovisual or sound heritage, for works permanently included in their collections.
II.
II – The provisions of this chapter do not apply to commercially unavailable sets of works if, on the basis of reasonable efforts of investigation, it is proven that these sets are mainly made up of:
1° works, other than audiovisual works, which were first published or first broadcast in a non-member state of the European Union, or
2° Audiovisual works whose producers have their registered office or habitual residence in a non-member state of the European Union, or
3° Works by nationals of non-member States of the European Union, where, despite reasonable efforts, it has not been possible to determine, in the case of a work other than an audiovisual work, the State in which it was first published or broadcast or, in the case of an audiovisual work, the State in which the producer has his registered office or residence.
III.
III.-By way of derogation from II, the provisions of this Chapter apply where an approved collective management organisation governed by Title II of Book III of this Part is sufficiently representative of the rightholders of the non-EU Member State concerned.