European Union (Certain Permitted Uses of Orphan Works) Regulations 2014
Source: Iris Oifigiúl 2014-10-31

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paragraphs: (1) These Regulations may be cited as the European Union (Certain Permitted Uses of Orphan Works) Regulations 2014.
(2) These Regulations come into operation on 29 October 2014.
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paragraphs: (1) In these Regulations—
(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;
(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;
(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 meaning in these Regulations as it has in the Directive.
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paragraphs: (1) In these Regulations, “relevant work” means a work, specified in paragraphs (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
(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,
(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).
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paragraphs: (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,
(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,
(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 rightholder 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.
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paragraphs: (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 Harmonization in the Internal Market in accordance with Regulation (EU) No. 386/20123 ,