(1) It is permitted to reproduce and make available to the public orphan works in accordance with the provisions of subsections (3) to (5).
(2) For the purposes of this Act, ʻorphan worksʼ means
1. works and other protected subject matter in books, trade journals, newspapers, magazines or other writings,
2. cinematographic works, as well as video mediums and audio and video mediums on which cinematographic works have been recorded and
3. audio mediums
in the collections (holdings) of publicly accessible libraries, educational institutions, museums, archives and institutions in the field of cinematic and audio heritage, if the holdings have already been published, the rightholder of which could not be established or traced despite a diligent search.
(3) Where an item in the holdings has several rightholders, its content may also be reproduced and made available to the public if, despite a diligent search, it was not possible to establish or trace all the rightholders but permission to use the item in the holdings has been obtained from one of the known rightholders.
(4) Holdings which have not been published or broadcast may also be used by the institution referred to in subsection (2) if they have already been made available to the public with the rightholder’s permission and, therefore, it can be assumed in good faith that the rightholder would agree to the use in accordance with subsection (1).
(5) Reproduction and making available to the public by the institutions as referred to in subsection (2) are permitted only if the institutions are acting to fulfil their tasks in the public interest, in particular if they preserve and restore holdings and make them accessible in their collections, insofar as this serves cultural and educational purposes. The institutions may charge a fee for providing access to the orphan works which covers the costs of the digitisation and making available to the public.