(1) Cultural heritage institutions (section 60d) are permitted to reproduce unavailable works (section 52b of the Collecting Societies Act) in their holdings, or to have such unavailable works reproduced, and to make them available to the public. This only applies in cases where there is no collecting society which is exercising these rights for the relevant types of works and which is thus representative (section 51b of the Collecting Societies Act). Uses in accordance with sentence 1 are only permitted for non-commercial purposes. The making available to the public is only permitted on non-commercial websites.
(2) Rightholder may object at any time vis-à-vis the European Union Intellectual Property Office to the use in accordance with sentence 1.
(3) Throughout the entire period of use, the cultural heritage institution provides information on the European Union Intellectual Property Office’s online portal about the works concerned, their use and the right of objection. The making available to the public may only commence if the rightholder has not objected to the use within six months after the information referred to in sentence 1 is first published.
(4) Use in accordance with subsection (1) in Member States of the European Union and Contracting Parties of the Agreement on the European Economic Area is deemed only to be effected in the Member State or Contracting Party in which the cultural heritage institution is domiciled. Subsection (1) does not apply to series of works which predominantly contain works from third countries (section 52c of the Collecting Societies Act).