IP/N/1/EU/C/2  
 
12 April 2013  
(13-1942)  Page: 1/10  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
EUROPEAN UNION 
This document reproduces the text1 of Directive 2012/28/EU of the European Parliament and of 
the Council of 25 October 2012 on certain permitted uses of orphan works, as notified by the European Union on 20 March 2013 under Article 63.2 of the Agreement (see document IP/N/1/EU/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
U
NION EUROPÉENNE  
Le présent document contient le texte1 de la Directive 2012/28/UE du Parlement européen et du 
Conseil du 25 octobre 2012 sur certaines utilisations autorisées des œuvres orphelines, notifiée par l'Union européenne le 20 mars 2013 au titre de  l'article 63:2 de l'Accord (voir le document 
IP/N/1/EU/1).  
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
  
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
U
NIÓN EUROPEA  
En el presente documento se reproduce el texto1 de la Directiva 2012/28/UE del Parlamento 
Europeo y del Consejo, de 25 de octubre de 2012, sobre ciertos usos autorizados de las obras huérfanas, notificado por la Unión Europea el 20 de marzo de 2013 en virtud de lo dispuesto en el 
párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/EU/1).  
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/EU/C/2 
 
- 2 - 
 
  PP 3-10 - Offset (Pdf file attached) 
PP 3 à 10 - Offset (fichier Pdf joint) PP 3-10 - Offset (fichero Pdf adjunto) DIRECTIVE 2012/28/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
of 25 October 2012  
on certain permitted uses of orphan works  
(Text with EEA relevance)  
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE 
EUROPEAN UNION,  
Having regard to the Treaty on the Functioning of the European 
Union, and in particular Articles 53(1), 62 and 114 thereof,  
Having regard to the proposal from the European Commission,  
After transmission of the draft legislative act to the national 
parliaments,  
Having regard to the opinion of the European Economic and 
Social Committee (  1 ), 
Acting in accordance with the ordinary legislative procedure (  2 ), 
Whereas:  
(1) Publicly accessible libraries, educational establishments 
and museums, as well as archives, film or audio 
heritage institutions and public-service broadcasting organisations, established in the Member States, are engaged in large-scale digitisation of their collections or archives in order to create European Digital Libraries. 
They contribute to the preservation and dissemination 
of European cultural heritage, which is also important for the creation of European Digital Libraries, such as Europeana. Technologies for mass digitisation of print materials and for search and indexing enhance the research value of the libraries' collections. Creating large online libraries facilitates electronic search and discovery tools which open up new sources of discovery for researchers and academics who would otherwise have to content themselves with more traditional and analogue search methods.
 
(2) The need to promote free movement of knowledge and 
innovation in the internal market is an important component of the Europe 2020 Strategy, as set out in the Communication from the Commission entitled  
'Europe 2020: A strategy for smart, sustainable and inclusive growth ', which includes as one of its flagship 
initiatives the development of a Digital Agenda for Europe.
 
(3) Creating a legal framework to facilitate the digitisation 
and dissemination of works and other subject-matter which are protected by copyright or related rights and for which no rightholder is identified or for which the rightholder, even if identified, is not located — so-called orphan works — is a key action of the Digital Agenda 
for Europe, as set out in the Communication from the Commission entitled  'A Digital Agenda for Europe '. This 
Directive targets the specific problem of the legal deter ­
mination of orphan work status and its consequences in 
terms of the permitted users and permitted uses of works 
or phonograms considered to be orphan works.
 
(4) This Directive is without prejudice to specific solutions 
being developed in the Member States to address larger 
mass digitisation issues, such as in the case of so-called  
'out-of-commerce ' works. Such solutions take into 
account the specificities of different types of content and different users and build upon the consensus of the relevant stakeholders. This approach has also been followed in the Memorandum of Understanding on key principles on the digitisation and making available of out-of-commerce works, signed on 20 September 2011 by representatives of European libraries, authors, publishers and collecting societies and witnessed by the 
Commission. This Directive is without prejudice to that 
Memorandum of Understanding, which calls on Member States and the Commission to ensure that voluntary agreements concluded between users, rightholders and collective rights management organisations to licence the use of out-of-commerce works on the basis of the principles contained therein benefit from the requisite legal certainty in a national and cross-border context.
 
(5) Copyright is the economic foundation for the creative 
industry, since it stimulates innovation, creation, investment and production. Mass digitisation and dissemination of works is therefore a means of protecting Europe's cultural heritage. Copyright is an important tool for ensuring that the creative sector is 
rewarded for its work.
 
(6) The rightholders' exclusive rights of reproduction of their 
works and other protected subject-matter and of making 
them available to the public, as harmonised under Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (
 3 ), necessitate the prior consent of 
rightholders to the digitisation and the making available to the public of a work or other protected subject-matter.
 
(7) In the case of orphan works, it is not possible to obtain 
such prior consent to the carrying-out of acts of repro ­
duction or of making available to the public.  
(8) Different approaches in the Member States to the recog ­
nition of orphan work status can present obstacles to the functioning of the internal market and the use of, and cross-border access to, orphan works. Such different approaches can also result in restrictions on the freeEN 27.10.2012 Official Journal of the European Union L 299/5  
( 1 ) OJ C 376, 22.12.2011, p. 66.  
( 2 ) Position of the European Parliament of 13 September 2012 (not yet 
published in the Official Journal) and decision of the Council of 
4 October 2012.  (  3 ) OJ L 167, 22.6.2001, p. 10.
IP/N/1/EU/C/2 
        - 3 -movement of goods and services which incorporate 
cultural content. Therefore, ensuring the mutual recog ­
nition of such status is appropriate, since it will allow 
access to orphan works in all Member States.  
(9) In particular, a common approach to determining the 
orphan work status and the permitted uses of orphan works is necessary in order to ensure legal certainty in the internal market with respect to the use of orphan works by publicly accessible libraries, educational estab ­
lishments and museums, as well as by archives, film or audio heritage institutions and public-service broad ­
casting organisations.
 
(10) Cinematographic or audiovisual works and phonograms 
in the archives of public-service broadcasting organi ­
sations and produced by them include orphan works. Taking into account the special position of broadcasters as producers of phonograms and audiovisual material and the need to adopt measures to limit the phenomenon of orphan works in the future, it is appro ­
priate to set a cut-off date for the application of this Directive to works and phonograms in the archives of broadcasting organisations.
 
(11) Cinematographic and audiovisual works and phonograms 
contained in the archives of public-service broadcasting 
organisations and produced by them, should for the 
purposes of this Directive be regarded as including cinematographic and audiovisual works and phonograms which are commissioned by such organisations for the exclusive exploitation by them or other co-producing public-service broadcasting organisations. Cinemato ­
graphic and audiovisual works and phonograms contained in the archives of public-service broadcasting organisations which have not been produced or commis ­
sioned by such organisations, but which those organi ­
sations have been authorised to use under a licensing agreement, should not fall within the scope of this Directive.
 
(12) For reasons of international comity, this Directive should 
apply only to works and phonograms that are first published in the territory of a Member State or, in the absence of publication, first broadcast in the territory of a Member State or, in the absence of publication or broadcast, made publicly accessible by the beneficiaries of this Directive with the consent of the rightholders. In the latter case, this Directive should only apply provided that it is reasonable to assume that the rightholders would not oppose the use allowed by this Directive.
 
(13) Before a work or phonogram can be considered an 
orphan work, a diligent search for the rightholders in the work or phonogram, including rightholders in works and other protected subject-matter that are embedded or incorporated in the work or phonogram, should be carried out in good faith. Member States should be permitted to provide that such diligent search may be carried out by the organisations referred to in this Directive or by other organisations. Such other organisations may charge for the service of carrying out a diligent search.
 
(14) It is appropriate to provide for a harmonised approach 
concerning such diligent search in order to ensure a high level of protection of copyright and related rights in the Union. A diligent search should involve the consultation of sources that supply information on the works and other protected subject-matter as determined, in accordance with this Directive, by the Member State 
where the diligent search has to be carried out. In so 
doing, Member States could refer to the diligent search guidelines agreed in the context of the High Level Working Group on Digital Libraries established as part of the i2010 digital library initiative.
 
(15) In order to avoid duplication of search efforts, a diligent 
search should be carried out in the Member State where the work or phonogram was first published or, in cases where no publication has taken place, where it was first broadcast. The diligent search in respect of cinemato ­
graphic or audiovisual works the producer of which has his headquarters or habitual residence in a Member State should be carried out in that Member State. In the case of cinematographic or audiovisual works which are co-produced by producers established in different Member States, the diligent search should be carried out in each of those Member States. With regard to works and phonograms which have neither been published nor broadcast but which have been made publicly accessible by the beneficiaries of this Directive 
with the consent of the rightholders, the diligent search 
should be carried out in the Member State where the organisation that made the work or phonogram publicly accessible with the consent of the rightholder is established. Diligent searches for the rightholders in works and other protected subject-matter that are embedded or incorporated in a work or phonogram should be carried out in the Member State where the diligent search for the work or phonogram containing the embedded or incorporated work or other protected subject-matter is carried out. Sources of information available in other countries should also be consulted if there is evidence to suggest that relevant information on rightholders is to be found in those other countries. The carrying-out of diligent searches may generate various 
kinds of information, such as a search record and the 
result of the search. The search record should be kept on 
file in order for the relevant organisation to be able to 
substantiate that the search was diligent.
 
(16) Member States should ensure that the organisations 
concerned keep records of their diligent searches and 
that the results of such searches, consisting in particular of any finding that a work or phonogram is to be considered an orphan work within the meaning of this Directive, as well as information on the change of status and on the use which those organisations make of orphan works, are collected and made available to the public at large, in particular through the recording of theEN L 299/6 Official Journal of the European Union 27.10.2012
IP/N/1/EU/C/2 
        - 4 -relevant information in an online database. Considering 
in particular the pan-European dimension, and in order 
to avoid duplication of efforts, it is appropriate to make provision for the creation of a single online database for the Union containing such information and for making it available to the public at large in a transparent manner. This can enable both the organisations which are carrying out diligent searches and the rightholders 
easily to access such information. The database could 
also play an important role in preventing and bringing to an end possible copyright infringements, particularly in the case of changes to the orphan work status of the works and phonograms. Under Regulation (EU) No 386/2012 (
 1 ), the Office for Harmonization in the 
Internal Market ( 'the Office ') is entrusted with certain 
tasks and activities, financed by making use of its own 
budgetary means, aimed at facilitating and supporting the 
activities of national authorities, the private sector and 
the Union institutions in the fight against, including the prevention of, infringement of intellectual property rights.  
In particular, pursuant to point (g) of Article 2(1) of that 
Regulation, those tasks include providing mechanisms which help to improve the online exchange of relevant 
information between the Member States' authorities 
concerned and fostering cooperation between those auth ­
orities. It is therefore appropriate to rely on the Office to establish and manage the European database containing 
information related to orphan works referred to in this Directive.
 
(17) There can be several rightholders in respect of a 
particular work or phonogram, and works and phonograms can themselves include other works or protected subject-matter. This Directive should not affect the rights of identified and located rightholders. If at least one rightholder has been identified and located, a work or phonogram should not be considered an orphan work. The beneficiaries of this Directive should only be permitted to use a work or phonogram one or more of the rightholders in which are not identified or not located, if they are authorised to carry out the acts of reproduction and of making available to the public covered by Articles 2 and 3 respectively of Directive 2001/29/EC by those rightholders that have been identified and located, including the rightholders 
of works and other protected subject-matter which are 
embedded or incorporated in the works or phonograms. Rightholders that have been identified and located can give this authorisation only in relation to the rights that they themselves hold, either because the rights are their own rights or because the rights were transferred to them, and should not be able to authorise under this Directive any use on behalf of rightholders that have not been identified and located. Correspondingly, when previously non-identified or non-located rightholders come forward in order to claim their rights in the work or phonogram, the lawful use of the work or phonogram by the beneficiaries can continue only if 
those rightholders give their authorisation to do so 
under Directive 2001/29/EC in relation to the rights 
that they hold.
 
(18) Rightholders should be entitled to put an end to the 
orphan work status in the event that they come forward to claim their rights in the work or other protected subject-matter. Rightholders that put an end to the orphan work status of a work or other protected subject-matter should receive fair compensation for the use that has been made of their works or other protected subject-matter under this Directive, to be determined by the Member State where the organisation that uses an orphan work is established. Member States should be free to determine the circumstances under which the payment of such compensation may be orga ­
nised, including the point in time at which the payment is due. For the purposes of determining the possible level 
of fair compensation, due account should be taken, inter 
alia, of Member States' cultural promotion objectives, of the non-commercial nature of the use made by the organisations in question in order to achieve aims related to their public-interest missions, such as promoting learning and disseminating culture, and of the possible harm to rightholders.
 
(19) If a work or phonogram has been wrongly found to be 
an orphan work, following a search which was not diligent, the remedies for copyright infringement in Member States' legislation, provided for in accordance with the relevant national provisions and Union law, remain available.
 
(20) In order to promote learning and the dissemination of 
culture, Member States should provide for an exception or limitation in addition to those provided for in Article 5 of Directive 2001/29/EC. That exception or limitation should permit certain organisations, as referred to in point (c) of Article 5(2) of Directive 2001/29/EC and film or audio heritage institutions which operate on a non-profit making basis, as well as public-service broadcasting organisations, to reproduce and make available to the public, within the meaning of that Directive, orphan works, provided that such use fulfils their public interest missions, in particular the preservation of, the restoration of, and the provision of 
cultural and educational access to, their collections, 
including their digital collections. Film or audio heritage institutions should, for the purposes of this Directive, cover organisations designated by Member States to collect, catalogue, preserve and restore films and other audiovisual works or phonograms forming part of their cultural heritage. Public-service broadcasters should, for the purposes of this Directive, cover broadcasters with a public-service remit as conferred, defined and organisedEN 27.10.2012 Official Journal of the European Union L 299/7  
( 1 ) Regulation (EU) No 386/2012 of the European Parliament and of 
the Council of 19 April 2012 on entrusting the Office for Harmon ­
ization in the Internal Market (Trade Marks and Designs) with tasks 
related to the enforcement of intellectual property rights, including 
the assembling of public and private-sector representatives as a European Observatory on Infringements of Intellectual Property Rights (OJ L 129, 16.5.2012, p. 1).
IP/N/1/EU/C/2 
        - 5 -by each Member State. The exception or limitation estab ­
lished by this Directive to permit the use of orphan 
works is without prejudice to the exceptions and limi ­
tations provided for in Article 5 of Directive 2001/29/EC. It can be applied only in certain special cases which do not conflict with the normal exploitation of the work or other protected subject-matter and do not unreasonably prejudice the legitimate interests of the 
rightholder.
 
(21) In order to incentivise digitisation, the beneficiaries of 
this Directive should be allowed to generate revenues 
in relation to their use of orphan works under this Directive in order to achieve aims related to their public-interest missions, including in the context of public-private partnership agreements.
 
(22) Contractual arrangements may play a role in fostering 
the digitisation of European cultural heritage, it being understood that publicly accessible libraries, educational establishments and museums, as well as archives, film or audio heritage institutions and public-service broad ­
casting organisations, should be allowed, with a view to undertaking the uses permitted under this Directive, to conclude agreements with commercial partners for the digitisation and making available to the public of orphan works. Those agreements may include financial contributions by such partners. Such agreements should 
not impose any restrictions on the beneficiaries of this 
Directive as to their use of orphan works and should not grant the commercial partner any rights to use, or control the use of, the orphan works.
 
(23) In order to foster access by the Union's citizens to 
Europe's cultural heritage, it is also necessary to ensure that orphan works which have been digitised and made available to the public in one Member State may also be made available to the public in other Member States. Publicly accessible libraries, educational establishments and museums, as well as archives, film or audio heritage institutions and public-service broadcasting organisations that use an orphan work in order to achieve their public-interest missions should be able to make the orphan work available to the public in other Member States.
 
(24) This Directive is without prejudice to the arrangements in 
the Member States concerning the management of rights 
such as extended collective licences, legal presumptions 
of representation or transfer, collective management or similar arrangements or a combination of them, including for mass digitisation.
 
(25) Since the objective of this Directive, namely ensuring 
legal certainty with respect to the use of orphan works, cannot be sufficiently achieved by the Member States and can therefore, by reason of the need for uniformity of the rules governing the use of orphan works, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective,
 
HAVE ADOPTED THIS DIRECTIVE:  
Article 1  
Subject-matter and scope  
1. This Directive concerns certain uses made of orphan 
works by publicly accessible libraries, educational establishments and museums, as well as by archives, film or audio heritage institutions and public-service broadcasting organisations, estab ­
lished in the Member States, in order to achieve aims related to their public-interest missions.  
2. This Directive applies to:  
(a) works published in the form of books, journals, newspapers, 
magazines or other writings contained in the collections of 
publicly accessible libraries, educational establishments or 
museums as well as in the collections of archives or of film or audio heritage institutions;  
(b) cinematographic or audiovisual works and phonograms 
contained in the collections of publicly accessible libraries, educational establishments or museums as well as in the collections of archives or of film or audio heritage institu ­
tions; and  
(c) cinematographic or audiovisual works and phonograms 
produced by public-service broadcasting organisations up to and including 31 December 2002 and contained in their archives;  
which are protected by copyright or related rights and which 
are first published in a Member State or, in the absence of 
publication, first broadcast in a Member State.  
3. This Directive also applies to works and phonograms 
referred to in paragraph 2 which have never been published 
or broadcast but which have been made publicly accessible by 
the organisations referred to in paragraph 1 with the consent of the rightholders, provided that it is reasonable to assume that 
the rightholders would not oppose the uses referred to in 
Article 6. Member States may limit the application of this 
paragraph to works and phonograms which have been 
deposited with those organisations before 29 October 2014.  
4. This Directive shall also apply to works and other 
protected subject-matter that are embedded or incorporated 
in, or constitute an integral part of, the works or phonograms referred to in paragraphs 2 and 3.
 
5. This Directive does not interfere with any arrangements 
concerning the management of rights at national level.EN L 299/8 Official Journal of the European Union 27.10.2012
IP/N/1/EU/C/2 
        - 6 -Article 2  
Orphan works  
1. A work or a phonogram shall be considered an orphan 
work if none of the rightholders in that work or phonogram is 
identified or, even if one or more of them is identified, none is located despite a diligent search for the rightholders having been carried out and recorded in accordance with Article 3.  
2. Where there is more than one rightholder in a work or 
phonogram, and not all of them have been identified or, even if identified, located after a diligent search has been carried out and recorded in accordance with Article 3, the work or 
phonogram may be used in accordance with this Directive 
provided that the rightholders that have been identified and 
located have, in relation to the rights they hold, authorised the organisations referred to in Article 1(1) to carry out the acts of reproduction and making available to the public covered respectively by Articles 2 and 3 of Directive 2001/29/EC.  
3. Paragraph 2 shall be without prejudice to the rights in the 
work or phonogram of rightholders that have been identified 
and located.  
4. Article 5 shall apply  mutatis mutandis to the rightholders 
that have not been identified and located in the works referred 
to in paragraph 2.  
5. This Directive shall be without prejudice to national 
provisions on anonymous or pseudonymous works.  
Article 3  
Diligent search  
1. For the purposes of establishing whether a work or 
phonogram is an orphan work, the organisations referred to in Article 1(1) shall ensure that a diligent search is carried out in good faith in respect of each work or other protected 
subject-matter, by consulting the appropriate sources for the 
category of works and other protected subject-matter in 
question. The diligent search shall be carried out prior to the use of the work or phonogram.  
2. The sources that are appropriate for each category of 
works or phonogram in question shall be determined by each Member State, in consultation with rightholders and users, and shall include at least the relevant sources listed in the Annex.  
3. A diligent search shall be carried out in the Member State 
of first publication or, in the absence of publication, first broadcast, except in the case of cinematographic or audiovisual works the producer of which has his headquarters or habitual 
residence in a Member State, in which case the diligent search 
shall be carried out in the Member State of his headquarters or 
habitual residence.  
In the case referred to in Article 1(3), the diligent search shall be 
carried out in the Member State where the organisation that made the work or phonogram publicly accessible with the consent of the rightholder is established.  4. If there is evidence to suggest that relevant information on 
rightholders is to be found in other countries, sources of information available in those other countries shall also be consulted.  
5. Member States shall ensure that the organisations referred 
to in Article 1(1) maintain records of their diligent searches and 
that those organisations provide the following information to 
the competent national authorities:  
(a) the results of the diligent searches that the organisations 
have carried out and which have led to the conclusion 
that a work or a phonogram is considered an orphan work;  
(b) the use that the organisations make of orphan works in 
accordance with this Directive;  
(c) any change, pursuant to Article 5, of the orphan work 
status of works and phonograms that the organisations use;  
(d) the relevant contact information of the organisation 
concerned.  
6. Member States shall take the necessary measures to ensure 
that the information referred to in paragraph 5 is recorded in a single publicly accessible online database established and managed by the Office for Harmonization in the Internal 
Market ( 'the Office ') in accordance with Regulation (EU) No 
386/2012. To that end, they shall forward that information 
to the Office without delay upon receiving it from the organi ­
sations referred to in Article 1(1).  
Article 4  
Mutual recognition of orphan work status  
A work or phonogram which is considered an orphan work 
according to Article 2 in a Member State shall be considered an 
orphan work in all Member States. That work or phonogram 
may be used and accessed in accordance with this Directive in 
all Member States. This also applies to works and phonograms 
referred to in Article 2(2) in so far as the rights of the non- 
identified or non-located rightholders are concerned.  
Article 5  
End of orphan work status  
Member States shall ensure that a rightholder in a work or 
phonogram considered to be an orphan work has, at any 
time, the possibility of putting an end to the orphan work status in so far as his rights are concerned.  
Article 6  
Permitted uses of orphan works
 
1. Member States shall provide for an exception or limitation 
to the right of reproduction and the right of making available to the public provided for respectively in Articles 2 and 3 of Directive 2001/29/EC to ensure that the organisations referred to in Article 1(1) are permitted to use orphan works contained in their collections in the following ways:EN 27.10.2012 Official Journal of the European Union L 299/9
IP/N/1/EU/C/2 
        - 7 -(a) by making the orphan work available to the public, within 
the meaning of Article 3 of Directive 2001/29/EC;  
(b) by acts of reproduction, within the meaning of Article 2 of 
Directive 2001/29/EC, for the purposes of digitisation, 
making available, indexing, cataloguing, preservation or 
restoration.  
2. The organisations referred to in Article 1(1) shall use an 
orphan work in accordance with paragraph 1 of this Article 
only in order to achieve aims related to their public-interest 
missions, in particular the preservation of, the restoration of, and the provision of cultural and educational access to, works and phonograms contained in their collection. The organi ­
sations may generate revenues in the course of such uses, for the exclusive purpose of covering their costs of digitising 
orphan works and making them available to the public.  
3. Member States shall ensure that the organisations referred 
to in Article 1(1) indicate the name of identified authors and 
other rightholders in any use of an orphan work.  
4. This Directive is without prejudice to the freedom of 
contract of such organisations in the pursuit of their public- 
interest missions, particularly in respect of public-private part ­
nership agreements.  
5. Member States shall provide that a fair compensation is 
due to rightholders that put an end to the orphan work status 
of their works or other protected subject-matter for the use that has been made by the organisations referred to in Article 1(1) of such works and other protected subject-matter in accordance with paragraph 1 of this Article. Member States shall be free to determine the circumstances under which the payment of such compensation may be organised. The level of the compensation shall be determined, within the limits imposed by Union law, by the law of the Member State in which the organisation which uses the orphan work in question is established.  
Article 7  
Continued application of other legal provisions  
This Directive shall be without prejudice to provisions 
concerning, in particular, patent rights, trade marks, design rights, utility models, the topographies of semi-conductor 
products, type faces, conditional access, access to cable of 
broadcasting services, the protection of national treasures, 
legal deposit requirements, laws on restrictive practices and unfair competition, trade secrets, security, confidentiality, data 
protection and privacy, access to public documents, the law of 
contract, and rules on the freedom of the press and freedom of 
expression in the media.  
Article 8  
Application in time  
1. This Directive shall apply in respect of all works and 
phonograms referred to in Article 1 which are protected by the Member States' legislation in the field of copyright on or after 29 October 2014.  
2. This Directive shall apply without prejudice to any acts 
concluded and rights acquired before 29 October 2014.  
Article 9  
Transposition  
1. Member States shall bring into force the laws, regulations 
and administrative provisions necessary to comply with this Directive by 29 October 2014. They shall forthwith 
communicate to the Commission the text of those provisions.  
When Member States adopt those provisions, they shall contain 
a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The 
methods of making such reference shall be laid down by 
Member States.  
2. Member States shall communicate to the Commission the 
text of the main provisions of national law which they adopt in 
the field covered by this Directive.  
Article 10 
Review clause  
The Commission shall keep under constant review the devel ­
opment of rights information sources and shall by 29 October 2015, and at annual intervals thereafter, submit a report concerning the possible inclusion in the scope of application of this Directive of publishers and of works or other protected 
subject-matter not currently included in its scope, and in 
particular stand-alone photographs and other images.  
By 29 October 2015, the Commission shall submit to the 
European Parliament, the Council and the European Economic 
and Social Committee a report on the application of this Directive, in the light of the development of digital libraries.  
When necessary, in particular to ensure the functioning of the 
internal market, the Commission shall submit proposals for amendment of this Directive.  
A Member State that has valid reasons to consider that the 
implementation of this Directive hinders one of the national 
arrangements concerning the management of rights referred 
to in Article 1(5) may bring the matter to the attention of 
the Commission together with all relevant evidence. The 
Commission shall take such evidence into account when drawing up the report referred to in the second paragraph of 
this Article and when assessing whether it is necessary to 
submit proposals for amendment of this Directive.  
Article 11 
Entry into force
 
This Directive shall enter into force on the day following that of 
its publication in the  Official Journal of the European Union .EN L 299/10 Official Journal of the European Union 27.10.2012
IP/N/1/EU/C/2 
        - 8 -Article 12 
Addressees  
This Directive is addressed to the Member States.  
Done at Strasbourg, 25 October 2012.  
For the European Parliament 
The President  
M. SCHULZ  For the Council 
The President  
A. D. MAVROYIANNISEN 27.10.2012 Official Journal of the European Union L 299/11
IP/N/1/EU/C/2 
        - 9 -ANNEX 
The sources referred to in Article 3(2) include the following:  
(1) for published books:  
(a) legal deposit, library catalogues and authority files maintained by libraries and other institutions;  
(b) the publishers' and authors' associations in the respective country;  
(c) existing databases and registries, WATCH (Writers, Artists and their Copyright Holders), the ISBN (International 
Standard Book Number) and databases listing books in print;  
(d) the databases of the relevant collecting societies, in particular reproduction rights organisations;  
(e) sources that integrate multiple databases and registries, including VIAF (Virtual International Authority Files) and 
ARROW (Accessible Registries of Rights Information and Orphan Works);  
(2) for newspapers, magazines, journals and periodicals:  
(a) the ISSN (International Standard Serial Number) for periodical publications;  
(b) indexes and catalogues from library holdings and collections;  
(c) legal deposit;  
(d) the publishers' associations and the authors' and journalists' associations in the respective country;  
(e) the databases of relevant collecting societies including reproduction rights organisations;  
(3) for visual works, including fine art, photography, illustration, design, architecture, sketches of the latter works and 
other such works that are contained in books, journals, newspapers and magazines or other works:  
(a) the sources referred to in points (1) and (2);  
(b) the databases of the relevant collecting societies, in particular for visual arts, and including reproduction rights 
organisations;  
(c) the databases of picture agencies, where applicable;  
(4) for audiovisual works and phonograms:  
(a) legal deposit;  
(b) the producers' associations in the respective country;  
(c) databases of film or audio heritage institutions and national libraries;  
(d) databases with relevant standards and identifiers such as ISAN (International Standard Audiovisual Number) for 
audiovisual material, ISWC (International Standard Music Work Code) for musical works and ISRC (International 
Standard Recording Code) for phonograms;  
(e) the databases of the relevant collecting societies, in particular for authors, performers, phonogram producers and 
audiovisual producers;  
(f) credits and other information appearing on the work's packaging;  
(g) databases of other relevant associations representing a specific category of rightholders.EN L 299/12 Official Journal of the European Union 27.10.2012
IP/N/1/EU/C/2 
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