(1) A diligent search for the rightholder pursuant to section 61 (2) must be carried out for each item in the holdings and for other protected subject matter they contain; at the very least the sources set out in the Annex must be consulted. A diligent search is to be carried out in the Member State of the European Union in which the work was first published. Where there are indications that relevant information concerning rightholders may be found in other states, available sources of information in these other states must also be consulted. The institution using the sources may also commission a third party with carrying out the diligent search.
(2) In the case of cinematographic works, as well as video mediums and audio and video mediums on which cinematographic works have been recorded, the diligent search is to be carried out in the Member State of the European Union in which the producer has a main establishment or habitual residence.
(3) In the case of the holdings referred to in section 61 (4), a diligent search is to be carried out in the Member State of the European Union in which the institution which made the item of the holdings available to the public with the rightholder’s permission has its principal place of business.
(4) The institution using the work documents its diligent search and forwards the following information to the German Patent and Trade Mark Office:
1. the exact description of the item in the holdings which, based on the outcome of the diligent search, has been orphaned,
2. the type and nature of the institution’s use of the orphan work,
3. any change in the status of a used orphan work pursuant to section 61b,
4. the institution’s contact details, such as name, address, possibly telephone number, fax number and email address.
The German Patent and Trade Mark Office without delay forwards this information to the Office for Harmonisation in the Internal Market (Trade Marks and Designs).
(5) No diligent search need be carried out in the case of holdings which have already been recorded as orphaned in the database of the Office for Harmonisation of the Internal Market (Trade Marks and Designs).