STATUTORY INSTRUMENTS. 
S.I. No. 490 of 2014 
———————— 
EUROPEAN UNION (CERTAIN PERMITTED USES OF ORPHAN
 
WORKS) REGULATIONS 2014
 2 [490]
 
S.I. No. 490 of 2014 
EUROPEAN UNION (CERTAIN PERMITTED USES OF ORPHAN 
WORKS) REGULATIONS 2014 
The Minister for Jobs, Enterprise and Innovation, in exercise of the powers 
conferred on him by section 3 of the European Communities Act 1972 (No. 27 
of 1972) and for the purpose of giving effect to Directive 2012/28/EU of the 
European Parliament and of the Council of 25 October 20121, hereby makes the 
following regulations: 
Part 1 
Preliminary and General 
Citation and commencement 
1. (1) These Regulations may be cited as the European Union (Certain Per­
mitted Uses of Orphan Works) Regulations 2014. 
(2) These Regulations come into operation on 29 October 2014. 
Interpretation 
2. (1) In these Regulations— 
“Act of 2000” means the Copyright and Related Rights Act 2000 (No. 28 of
 
2000);
 
“Controller” has the meaning assigned to it by the Act of 2000;
 
“Directive” means Directive 2012/28/EU of the European Parliament and of the
 
Council of 25 October 20121 on certain permitted uses of orphan works; 
“orphan work” shall be construed in accordance with Regulation 4(1). 
“relevant body” means— 
(a) a publicly accessible library, 
(b) an educational establishment, 
(c) a museum, 
(d) an archive, 
(e) a film or audio heritage institution, or 
(f) a public service broadcaster; 
1OJ No. L. 299, 27.10.2012, p. 5 
Notice of the making of this Statutory Instrument was published in 
“Iris Oifigiúil” of 31st October, 2014. [490] 3
 
“relevant work” shall be construed in accordance with Regulation 3; 
“right holder” means— 
(a) copyright owner within the meaning of the Act of 2000 where the 
rights concerned are rights under Part II of the Act of 2000, 
(b) a rights owner of a right conferred by Part III of the Act of 2000 
where the rights concerned are rights under Part III of the Act of 
2000, or 
(c) an exclusive licensee— 
(i) referred to in section 122 of the Act of 2000 where the rights 
concerned are rights under Part II of that Act, or 
(ii) referred to in section 295 of the Act of 2000 where the rights 
concerned are rights under Part III of the Act of 2000; 
“sound recording” has the meaning assigned to it by the Act of 2000; 
“public service broadcaster” has the meaning assigned to it by the Broadcasting 
Act 2009 (No. 18 of 2009). 
(2) A work or expression that is used in these Regulations and that is also 
used in the Directive has, unless the context otherwise requires, the same mean­
ing in these Regulations as it has in the Directive. 
Part 2 
Certain permitted uses by relevant body of orphan works 
Relevant work 
3. (1) In these Regulations, “relevant work” means a work, specified in para­
graphs (2), (3) and (4), to which these Regulations apply and “relevant work” 
shall be construed accordingly. 
(2) For the purposes of paragraph (1), these Regulations apply to a work 
which is— 
(a) a work which is published in the form of a book, journal, newspaper, 
magazine or other writing 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) a cinematographic or audiovisual work or a sound recording in the 
collections of publicly accessible libraries, educational establishments 
or museums and in the collections of archives or of film or audio 
heritage institutions, or 4 [490]
 
(c) a cinematographic or audiovisual work or a sound recording produced 
by public service broadcasting organisations up to and including 31 
December 2002 and contained in their archives, 
and which is protected by copyright or related rights and has been first published 
in a Member State or, in the absence of publication, first broadcast in a 
Member State. 
(3) In addition to the works specified in paragraph (2), these Regulations 
apply to a work or sound recording referred to in paragraph (2) where— 
(a) that work or sound recording has never been published or broadcast, 
but has been made publicly accessible by a relevant body in a Member 
State, with the consent of the rightholders in that work or sound 
recording, and 
(b) it is reasonable to assume that the rightholders in that work or sound 
recording would not oppose the uses referred to in Regulation 8. 
(4) In addition to the works and sound recordings referred to in paragraphs 
(2) and (3), these Regulations apply to a work or other protected subject-matter 
that is embedded or incorporated in, or constitutes an integral part of, a work 
or sound recording referred to in paragraphs (2) and (3). 
Orphan works 
4. (1) Where, in relation to a relevant work— 
(a) there is one rightholder and the rightholder has not been identified, 
(b) there is more than one rightholder and none of the rightholders has 
been identified, 
(c) there is a single rightholder who has been identified but has not been 
located despite a diligent search, referred to in Regulation 5, having 
been carried out, and recorded, in accordance with that Regulation, or 
(d) there is more than one rightholder and one or more of them has been 
identified but none of those identified have been located despite a 
diligent search, referred to in Regulation 5, having been carried out, 
and recorded, in accordance with that Regulation, 
the relevant work shall be considered to be an orphan work. 
(2) This paragraph applies to a relevant work where there is more than one 
rightholder in the relevant work and one, or more, of those rightholders— 
(a) has not been identified, or 
(b) if identified, has not been located, 
after a diligent search, referred to in Regulation 5, has been carried out, and 
recorded, in accordance with that Regulation. [490] 5
 
(3) A relevant work to which paragraph (2) applies may be used by a relevant 
body in accordance with these Regulations if a rightholder in the relevant work 
who has been identified and located has, in relation to the rights that such 
rightholder holds in the relevant work, authorised the relevant body to carry 
out the acts of reproduction, within the meaning of Article 2 of Directive 
2001/29/EC2 and making available to the public referred to in Article 3 of 
Directive 2001/29/EC2. 
(4) Paragraphs (2) and (3) are without prejudice to the rights in the relevant 
work of a rightholder who has been identified and located. 
(5) In the case of a relevant work to which paragraph (2) applies, a right-
holder who has not been identified or located may, at any time, claim his or her 
rights in that relevant work. 
(6) These Regulations are without prejudice to sections 24(2), 24(3), 32(1), 
32(2), 32(3), 88, 92, 183(5)(c), 197, 245 and 337 of the Act of 2000. 
Diligent search 
5. (1) For the purposes of establishing whether a relevant work is an orphan 
work, a relevant body shall, prior to using the relevant work, ensure that a 
diligent search is carried out in good faith in respect of the relevant work, by 
consulting— 
(a) the database established and managed by the Office for Harmoniz­
ation in the Internal Market in accordance with Regulation (EU) 
No. 386/20123, 
(b) the appropriate sources relevant to the category of relevant work as 
specified in the Schedule, and 
(c) if there is evidence to suggest that relevant information on righthold­
ers is to be found in other countries, sources of information available 
in those other countries. 
(2) A diligent search shall be carried out— 
(a) subject to subparagraph (b), in the Member State where the relevant 
work was first published or, in the absence of publication, first 
broadcast, 
(b) in the case of a cinematographic or audiovisual work, if the producer 
of the relevant work has his or her headquarters or habitual residence 
in a Member State, such diligent search shall be carried out in the 
Member State in which such headquarters is situate or in which he or 
she is habitually resident, or 
(c) where the relevant work has not been published or broadcast but has 
been made publicly accessible by the relevant body with the consent 
2OJ No. L167, 22.6.2001, p.16. 
3O.J. No. L. 129, 16.5.2012, p.1. 6 [490]
 
of the rightholders, in the Member State in which the relevant body 
that made the work publicly accessible, with the consent of the right-
holder, is established. 
(3) A relevant body shall maintain a record of each diligent search it carries 
out and shall provide the following information to the Controller: 
(a) the results of the diligent searches which the relevant body has carried 
out and which have led to the conclusion that the relevant work is 
considered to be an orphan work; 
(b) the use that the relevant body makes of the orphan work concerned; 
(c) any change, pursuant to Regulation 7, of the orphan work status of 
any relevant work used by the relevant body; and 
(d) the relevant contact information of the relevant body. 
(4) The Controller shall, upon receipt of information from a relevant body 
under paragraph (3), forward that information as soon as practicable to the 
Office for Harmonization in the Internal Market in order for the recording of 
that information on the online database established and managed by that Office 
in accordance with Regulation (EU) No. 386/20123. 
Mutual recognition of orphan work status 
6. (1) Where under the law of another Member State, a relevant work which 
is considered, pursuant to Article 2 of the Directive, to be an orphan work in 
that other Member State, that relevant work shall be considered to be an orphan 
work in the State and may be used and accessed in the State in accordance with 
these Regulations. 
(2) Where under the law of another Member State, a relevant work to which 
Regulation 4(2) applies, is used, pursuant to Article 2(2) of the Directive, under 
the law of that Member State, in accordance with that Article, that relevant 
work may be used and accessed in the State in accordance with Regulation 4(3) 
and Regulation 9 in so far as the rights of the rightholders who have not been 
identified or not located are concerned. 
End of orphan work status 
7. A rightholder in a relevant work that is considered to be an orphan work 
may, at any time, put an end to the orphan work status of the relevant work in 
so far as his or her rights are concerned. 
Certain permitted uses of orphan works 
8. (1) Subject to paragraphs (3) to (5), a relevant body does not infringe the 
copyright in a relevant work which is an orphan work contained in its collec­
tion by— 
(a) making the orphan work available to the public within the meaning of 
Article 3 of Directive 2001/29/EC2,o r [490] 7
 
(b) an act of reproduction, within the meaning of Article 2 of Directive 
2001/29/EC2, of the orphan work, for the purposes of digitisation, 
making available, indexing, cataloguing, preservation or restoration. 
(2) Subject to subsections (3) and (5), a relevant body does not infringe the 
rights conferred by Part III of the Act of 2000 in a relevant work which is an 
orphan work contained in its collection by— 
(a) making the orphan work available to the public within the meaning of 
Article 3 of Directive 2001/29/EC2,o r 
(b) an act of reproduction, within the meaning of Article 2 of Directive 
2001/29/EC2, of the orphan work for the purposes of digitisation, mak­
ing available, indexing, cataloguing, preservation or restoration. 
(3) A relevant body shall use an orphan work in accordance with paragraphs 
(1) and (2) only in order to achieve aims related to its public interest mission, 
and in particular in relation to the preservation of, the restoration of and the 
provision of, cultural and educational access to, relevant works contained in 
its collection. 
(4) A relevant body may, in the course of the use of an orphan work in 
accordance with paragraphs (1), (2) and (3), generate revenues in the course of 
such use for the sole purpose of covering the costs incurred by it in digitising 
the orphan work concerned and making it available to the public. 
(5) In the use of an orphan work in accordance with paragraphs (1), (2) and 
(3), a relevant body shall indicate the name of identified authors and other 
rightholders in the orphan work. 
Certain permitted uses of relevant works to which Regulation 4(2) applies 
9. (1) Where, in respect of a relevant work to which Regulation 4(2) applies, 
a relevant body has been authorised by a rightholder referred to in Regulation 
4(3) to carry out the acts referred to in that Regulation, subject to paragraphs 
(3) to (5), that relevant body does not infringe the copyright in that relevant 
work contained in its collection by— 
(a) making that relevant work available to the public within the meaning 
of Article 3 of Directive 2001/29/EC2,o r 
(b) an act of reproduction, within the meaning of Article 2 of Directive 
2001/29/EC2, of that relevant work for the purposes of digitisation, 
making available, indexing, cataloguing, preservation or restoration. 
(2) Where, in respect of a relevant work to which Regulation 4(2) applies, a 
relevant body has been authorised by a rightholder referred to in Regulation 
4(3) to carry out the acts referred to in that Regulation, subject to paragraphs 
(3) to (5), that relevant body does not infringe the rights conferred by Part III 
of the Act of 2000 in that relevant work, contained in its collection, by­8 [490]
 
(a) making that relevant work available to the public within the meaning 
of Article 3 of Directive 2001/29/EC2,o r 
(b) an act of reproduction, within the meaning of Article 2 of Directive 
2001/29/EC2, of that relevant work for the purposes of digitisation, 
making available, indexing, cataloguing, preservation or restoration. 
(3) A relevant body shall use a relevant work— 
(a) referred to in paragraph (1), in accordance with that paragraph, and 
(b) referred to in paragraph (2), in accordance with that paragraph, 
only in order to achieve aims related to its public interest mission, and in part­
icular in relation to the preservation of, the restoration of and the provision of, 
cultural and educational access to, relevant works contained in its collection. 
(4) A relevant body may, in respect of a relevant work referred to in para­
graphs (1) and (2), in the course of the use of that relevant work that is carried 
out in accordance with those paragraphs and paragraph (3), generate revenues 
in the course of such use for the sole purpose of covering the costs incurred by 
it in digitising the relevant work concerned and making it available to the public. 
(5) In the use of a relevant work referred to in paragraphs (1) and (2) that is 
carried out in accordance with those paragraphs and paragraph (3), a relevant 
body shall indicate the name of identified authors and other rightholders in that 
relevant work. 
Regulations 8 and 9: supplemental provisions 
10. These Regulations are without prejudice to the freedom of contract of 
relevant bodies in pursuit of their public interest missions particularly in respect 
of public-private partnership agreements. 
Fair compensation 
11. (1) Where a rightholder puts an end to the orphan work status of a rel­
evant work, fair compensation is due to that rightholder for the use under Regu­
lation 8 (1) or 8(2) that has been made, by a relevant body, of the orphan 
work concerned. 
(2) Where, in the case of a relevant work to which Regulation 4(2) applies, a 
rightholder who— 
(a) was unidentified or if identified not located at the time of a relevant 
body, in accordance with these Regulations, used the relevant work, 
and 
(b) has, subsequent to that use claimed his or her rights in the relevant 
work, [490] 9
 
fair compensation is due to that rightholder for the use under Regulation 9(1) 
or 9(2) that has been made, by the relevant body, of the relevant work to which 
Regulation 4(2) applies. 
(3) Where, pursuant to paragraph (1) or (2), fair compensation is due to a 
rightholder, the amount, if any, of such fair compensation shall be paid by the 
relevant body who used the relevant work. 
(4) Where the relevant body and the rightholder cannot agree an amount of 
fair compensation due to a rightholder pursuant to paragraph (1) or (2), either 
party may refer the matter to the Controller for determination of the amount 
of such fair compensation for the use made by the relevant body, in accordance 
with Regulation 8 of the orphan work concerned or, as the case may be, a 
relevant work referred to in Regulation 9. 
(5) Where a reference is made under paragraph (4), the Controller shall, 
when determining the amount of fair compensation, have regard to the use of 
the orphan work made, in accordance with the requirements of Regulation 8 by 
the relevant body concerned or, in the case of a relevant work referred to in 
Regulation 9, the use of the relevant work referred to in, and made in accord­
ance with, that Regulation by the relevant body and make an order as to the 
amount of fair compensation payable to the rightholder in respect of such use 
as the Controller considers to be reasonable. 
(6) Without prejudice to the generality of paragraph (5), when considering a 
reference under paragraph (4) and the amount, if any, of fair compensation to 
be paid pursuant to this Regulation, the matters the Controller shall have regard 
to include— 
(a) the use, permitted under Regulation 8, of the orphan work made by 
the relevant body or, in the case of a relevant work referred to in 
Regulation 9, the use permitted under, and made in accordance with, 
that Regulation, 
(b) the cultural promotion objectives of the State, 
(c) the non-commercial nature of the use made by the relevant body in 
order to achieve aims related to its public-interest mission including 
promoting learning and disseminating culture, and 
(d) the possible harm to the rightholder concerned. 
Amendment of Act of 2000 
12. The Act of 2000 is amended— 
(a) in Part II, by the insertion of the following after section 70: 
“Orphan works 
70A. (1) The copyright in a relevant work in the collection of a 
relevant body is not infringed by a relevant body where­10 [490]
 
(a) the relevant work is an orphan work within the meaning of 
Regulation 4 of the Regulations of 2014, and 
(b) in accordance with Regulation 8 of the Regulations of 2014, 
the relevant body— 
(i) makes that orphan work available to the public, or 
(ii) carries out an act of reproduction of that orphan work 
for the purposes of digitisation, making available, 
indexing, cataloguing, preservation or restoration. 
(2) The copyright in a relevant work in the collection of a relevant 
body is not infringed by a relevant body where— 
(a) the relevant work is a relevant work to which Regulation 
4(2) of the Regulations of 2014 applies, 
(b) the relevant body has, pursuant to Regulation 4(3) of the 
Regulations of 2014, been been given an authorisation 
referred to in that Regulation, and 
(c) in accordance with Regulation 9 of the Regulations of 2014, 
the relevant body— 
(i) makes that orphan work available to the public, or 
(ii) carries out an act of reproduction of that orphan work 
for the purposes of digitisation, making available, 
indexing, cataloguing, preservation or restoration. 
(3) In this section— 
‘Regulations of 2014’ means the European Communities (Certain Per­
mitted Uses of Orphan Works) Regulations 2014; 
‘relevant body’ has the meaning assigned to it by the Regulations of 
2014; 
‘relevant work” has the meaning assigned to it by the Regulations of 
2014.”, 
(b) in Part III, by the insertion of the following after section 236: 
“Orphan works 
236A. (1) The rights conferred by this Part in relation to a relevant 
work in the collection of a relevant body are not infringed by a relevant 
body where— 
(a) the relevant work is an orphan work within the meaning of 
Regulation 4 of the Regulations of 2014, and [490] 11
 
(b) in accordance with Regulation 8 of the Regulations of 2014, 
the relevant body— 
(i) makes that orphan work available to the public, or 
(ii) carries out acts of reproduction of that orphan work for 
the purposes of digitisation, making available, indexing, 
cataloguing, preservation or restoration. 
(2) The rights conferred by this Part in relation to a relevant work 
in the collection of a relevant body are not infringed by a relevant 
body where— 
(a) the relevant work is a work to which Regulation 4(2) of the 
Regulations of 2014 applies, 
(b) the relevant body has, pursuant to Regulation 4(3) of those 
Regulations, been given an authorisation referred to in that 
Regulation, and 
(c) in accordance with Regulation 9 the Regulations of 2014, the 
relevant body— 
(i) makes that orphan work available to the public, or 
(ii) carries out acts of reproduction of that orphan work for 
the purposes of digitisation, making available, indexing, 
cataloguing, preservation or restoration. 
(3) In this section— 
‘Regulations of 2014’ has the meaning assigned to it by section 70A; 
‘relevant body’ has the meaning assigned to it by section 70A; 
‘relevant work’ has the meaning assigned to it by section 70A.”, 
and 
(c) in section 254, by inserting the following subsection after subsection 
(5): 
“(6) This section shall not apply to a recording of a performance 
that is a relevant work within the meaning of the Regulations of 2014 
and the relevant work is an orphan work within the meaning of those 
Regulations. 
(7) In subsection (6)— 
‘Regulations of 2014’ has the meaning assigned to it by section 70A; 
‘relevant work’ has the meaning assigned to it by section 70A.”. 12 [490]
 
Miscellaneous provisions in relation to Part 2 
13. These Regulations are without prejudice to— 
(a) any arrangements concerning management of rights pursuant to the 
Act of 2000, 
(b) the provisions specified in Article 7 of the Directive, and 
(c) any acts concluded and rights acquired before 29 October 2014. 
Part 3 
Reference to Controller under Regulation 11(4) 
Reference under Regulation 11(4): proceedings before Controller 
14. (1) A rightholder or relevant body who makes a reference under Regu­
lation 11(4) (in this Regulation referred to as a “petitioner”) shall furnish to the 
Controller an original and one copy of a signed statement (in this Regulation 
referred to as a “statement of case”) setting out the following information and 
the Controller shall not, subject to paragraph (2), consider a reference as having 
been made to him or her unless he or she is duly furnished with a statement of 
case in accordance with this paragraph: 
(a) the name and address of the petitioner; 
(b) the name and address of the respondent; 
(c) the material facts on which the petitioner relies in making the 
reference; 
(d) details of the orphan work to which the reference refers or, in the 
case of a relevant work to which Regulation 4(2) applies, details of 
such work in respect of which the reference is made; 
(e) details of the use made, by the relevant body concerned, of that 
orphan work in accordance with Regulation 8(1) or 8(2) or, as the 
case may be, the relevant work referred to in Regulation 9 and the 
use of such work in accordance with that Regulation; 
(f) the period of time during which the use of the orphan work or the 
relevant work referred to in Regulation 9, was made by the relevant 
body concerned; 
(g) details of any offer of fair compensation made by the relevant body 
concerned in respect of that use; 
(h) the date on which the rightholder concerned put an end to the orphan 
work status of the relevant work concerned, or, in the case of a rel­
evant work to which Regulation 4(2) applies, claimed his or her rights 
in the relevant work concerned; 
(i) the amount of fair compensation sought. [490] 13
 
(2) Where the Controller considers that a statement of case furnished to him 
or her does not comply with all or any of the requirements referred to in para­
graph (1), he or she may, having regard to the extent of the failure to comply 
with those requirements, by notice in writing— 
(a) inform the petitioner of such failure of compliance and that the refer­
ence cannot be considered by the Controller, or 
(b) require the petitioner, within such period as may be specified in the 
notice, to take such steps or to furnish such further information, as 
may be necessary to comply with the those requirements and, where 
the applicant fails to comply with a requirement under this subpara­
graph, the Controller shall inform the petitioner, by notice in writing, 
of such failure and that the reference cannot be considered by the 
Controller. 
(3) As soon as may be following receipt of a statement of case, the Controller 
shall furnish a copy of the original statement of case to the respondent. 
(4) A respondent who wishes to contest a petitioner’s reference shall, within 
28 days of receipt of the copy statement of case, furnish to the Controller a 
statement (in this Regulation referred to as a “counter statement”) replying to 
the statement of case and setting out the extent to which the statement of case 
is admitted or disputed together with a copy of such counter statement. 
(5) As soon as may be following receipt by the Controller of a counter state­
ment, he or she shall furnish a copy of the counter statement to the petitioner. 
(6) Where a respondent fails to furnish a counter statement within the period 
referred to in paragraph (4), the Controller shall by notice in writing inform the 
respondent of such failure and that unless a counter statement is furnished 
within such further period as may be specified in the notice the Controller shall 
be entitled to presume that the respondent does not intend participating in the 
reference and the Controller shall proceed to consider and determine the refer­
ence under Regulation 11(4) in the absence of the counter statement. 
(7) Unless the Controller otherwise directs, where a respondent fails to fur­
nish a counter statement within the period specified in a notice under paragraph 
(6), the Controller shall be entitled to presume that the respondent does not 
intend participating in the reference and the Controller shall proceed to consider 
and determine the reference under Regulation 11(4) in the absence of the coun­
ter statement. 
(8) Where, having considered the statement and other information furnished 
by the petitioner or respondent, the Controller is of the opinion that, having 
regard to the circumstances he or she may reasonably require additional infor­
mation, the Controller may request by notice in writing that— 
(a) the following be furnished to him or her by the petitioner or respon­
dent within the period of time referred to in the notice— 14 [490]
 
(i) further statements or counter statements, and 
(ii) books or other documents, 
and 
(b) the relevant work to which the reference refers be furnished to him 
or her or, where appropriate, having regard to the relevant work con­
cerned, access to the relevant work to which the reference refers be 
made available to the Controller, within the period of time referred 
to in the notice. 
(9) Where the Controller makes a request under paragraph (8), the petitioner 
or respondent to whom the request is made shall comply with the request within 
the period of time referred to in the notice. 
(10) Unless the Controller otherwise directs, where a petitioner or respondent 
fails to comply with a request made under paragraph (8) within the period 
referred to in the notice, the Controller shall be entitled to presume that the 
petitioner or respondent, as the case may be, does not intend to furnish the 
items or provide the access specified in the request and the Controller shall 
proceed to hear and determine the reference in the absence of the items speci­
fied in the request or without having had the access specified in the request. 
(11) A person (in this Regulation referred to as an “applicant”) who is not a 
petitioner or respondent may apply to the Controller to be made a party to the 
proceedings under this Regulation and shall furnish the following to the 
Controller— 
(a) the name and address of the applicant, 
(b) the name of the relevant proceedings and the relevant work which is 
the subject matter of the proceedings, and 
(c) an original and 2 copies of a statement to the Controller which sets 
out the material facts relied upon in claiming that the applicant has a 
substantial interest in the matter the subject matter of the proceedings 
in respect of which the application is made, and the reasons why he, 
she or they should be made a party to the proceedings. 
(12) Where the Controller receives an application from an applicant he or 
she shall notify the petitioner and the respondent to the proceedings and furnish 
a copy of the statement furnished pursuant to paragraph (11)( c) to them. 
(13) The petitioner or respondent, as the case may be, if they wish to object 
to the applicant becoming a party to the proceedings, having considered the 
statement furnished to them under paragraph (12) shall within 14 days of the 
statement being so furnished notify the Controller of their objection, and in so 
notifying the Controller shall furnish a statement outlining the reasons for their 
objection to the Controller together with a copy of such statement. [490] 15
 
(14) Where the Controller is not furnished with an objection pursuant to 
paragraph (13) within the period specified in that paragraph, the Controller shall 
be entitled to presume that the person to whom the statement was furnished 
under paragraph (12) does not so object and the Controller shall proceed with 
the determination of the reference under Regulation 11(4) accordingly. 
(15) The Controller having considered the statement furnished pursuant to 
paragraph (11)(c) and any objection furnished pursuant to paragraph (13), may, 
if he or she is satisfied to do so, decide to make the applicant a party to the pro­
ceedings. 
(16) The Controller shall make his or her determination in relation to a refer­
ence under Regulation 11(4) in a timely manner and shall inform the petitioner 
or respondent or, if appropriate a person who has been made a party to the 
proceedings pursuant to paragraph (15), by notice in writing of his or her deter­
mination and the reasons for that determination. 
(17) A petitioner, respondent, or applicant shall furnish an address for service 
in a Member State of the European Economic Area to the Controller. 
(18) An application, reference or communication, to the Controller under this 
Regulation may be made by an agent or a legal representative who resides or 
has a place of business in the State or in a Member State of the European 
Economic Area other than the State and is duly authorised by the petitioner, 
respondent or person or organisation on whose behalf the application, reference 
or communication is made, and where a document relating to any such appli­
cation, reference or communication is served upon or addressed to an agent or 
legal representative authorised as aforesaid, the document shall be deemed to 
be served upon or addressed to the person by whom he or she is so authorised. 
(19) A notice or other document that is required to be served or given under 
this Regulation and Regulation 15 shall be addressed to the person concerned by 
name and may be served on or given to the person in one of the following ways: 
(a) by delivering it to the person; 
(b) by leaving it at the address at which the person ordinarily resides 
or, in a case in which an address for service has been furnished, at 
that address; 
(c) by sending it by post in a prepaid letter to the address at which the 
person ordinarily resides or, in a case for which an address for service 
has been furnished, to that address; 
(d) by electronic means, in a case in which the person has given notice in 
writing to the person serving or giving the notice or document con­
cerned of his or her consent to the notice or document (or notices or 
documents of a class to which the notice or document belongs) being 
served on, or given to, him or her in that manner. 16 [490]
 
(20) For the purposes of paragraph (19), a company within the meaning of 
the Companies Acts shall be deemed to be ordinarily resident at its registered 
office, and every other body corporate and every unincorporated body or per­
son, including a partnership shall be deemed to be ordinarily resident at its 
principal office or place of business. 
(21) In this Regulation, “respondent” means— 
(a) in the case of a reference made under Regulation 11(4) by a right-
holder, the relevant body by whom compensation is payable under 
Regulation 11(3), or 
(b) in the case of a reference made under Regulation 11(4) by a relevant 
body, a rightholder to whom compensation is payable under Regu­
lation 11(3). 
Appeal to High Court 
15. (1) A party to proceedings before the Controller under Regulation 14 
may, not later than 4 weeks from the date of the service of the notice of the 
determination of the Controller in those proceedings on that party, appeal to 
the High Court from that determination. 
(2) The party who makes the appeal under paragraph (1) of the determination 
of the Controller shall so notify the Controller as soon as may be after the 
appeal is brought and furnish the Controller with a copy of the appeal. 
(3) On receipt of a notice under paragraph (2), the Controller shall suspend 
the operation of any order made by him or her under Regulation 11(5) which 
gives effect to the determination being appealed. 
(4) The Controller shall inform the persons directly affected by the order 
concerned by notice in writing of the suspension of the operation of the order. 
(5) By leave of the High Court, an appeal from a decision of the High Court 
under this Regulation shall lie to the Court of Appeal on a question of law. 
(6) In any proceedings before any court pursuant to this Regulation, the Con­
troller shall not be awarded or be ordered to pay costs. [490] 17 
Schedule 
Sources to be searched during diligent search 
Regulation 5(1)(b) 
The sources referred to in Regulation 5(1)(b) are set out below in column (3) in 
relation to the category of relevant work concerned set out below in column (2). 
No. 
(1) Category of relevant 
work 
(2) Sources 
(3) 
1. 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. 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. 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; 18 [490]
 
No. 
(1) Category of relevant 
work 
(2) Sources 
(3) 
4. Audiovisual works and 
sound recordings (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 
sound recordings; 
(e) the databases of the relevant collecting 
societies, in particular for authors, performers, 
sound recording 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. 
5. Relevant works which 
have not been published 
or broadcast Those sources that are listed for numbers 1 to 4 
above which are appropriate to a relevant work 
which is unpublished or not broadcast. 
GIVEN under the Official Seal of the Minister for Jobs, Enterprise 
and Innovation, 
29 October 2014. 
DERMOT CURRAN, 
A Person Authorised Under Section 15 of the Ministers and 
Secretaries Act 1924 to Authenticate the Seal of the 
Minister for Jobs, Enterprise and Innovation. [490] 19
 
EXPLANATORY NOTE
 
(This note is not part of the Instrument and does not purport to be a legal 
interpretation) 
These Regulations transpose Directive 2012/28/EU of the European Parlia­
ment and of the Council of 25 October 2012 on certain permitted uses of orphan 
works. In line with the Directive, the Regulations apply to publicly accessible 
libraries, educational establishments, museums, archives, film or audio heritage 
institutions and public service broadcasters (up to 31 December 2002). The 
Regulations provide for an exception to copyright law for these organisations in 
respect of categories of works first published in the EU that are still protected 
by copyright but whose authors or other right holders cannot be identified and 
located. The categories of works are: works in the print sector (books, journals, 
magazines and newspapers), cinematographic and audio-visual works, sound 
recordings and works embedded or incorporated in other works or sound 
recordings (e.g. pictures in a book). The exception to copyright law will allow 
these cultural organisations to digitise orphan works and make them publicly 
available on-line in all EU Member States. The Directive also applies to unpub­
lished works (such as letters, manuscripts, etc.) under certain conditions. BAILE ÁTHA CLIATH
 
ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR
 
Le ceannach díreach ó
 
FOILSEACHÁIN RIALTAIS,
 
52 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2
 
(Teil: 01 - 6476834 nó 1890 213434; Fax: 01 - 6476843)
 
nó trí aon díoltóir leabhar.
 
——————
 
DUBLIN
 
PUBLISHED BY THE STATIONERY OFFICE
 
To be purchased from
 
GOVERNMENT PUBLICATIONS,
 
52 ST. STEPHEN'S GREEN, DUBLIN 2.
 
(Tel: 01 - 6476834 or 1890 213434; Fax: 01 - 6476843)
 
or through any bookseller.
 
——————
 
€4.06
 
Wt. (B30917). 305. 10/14. Clondalkin. Gr 30-15.