SCHEDULE
Regulation 3(5)
1. Before Schedule A1 to the Act insert-
"SCHEDULE ZA1
Section 76A
CERTAIN PERMITTED USES OF ORPHAN WORKS
PART 1
GENERAL PROVISIONS
Certain permitted uses of orphan works by relevant bodies
1.
(1) A relevant body does not infringe the copyright in a relevant work in its collection which is an orphan work by-(a) making the orphan work available to the public; or(b) reproducing the orphan work for the purposes of digitisation, making available, indexing, cataloguing, preservation or restoration.(2) A relevant body does not infringe the rights conferred by Chapter 2 of Part 2( 8) by doing either of the following in relation to a relevant work in its collection which is an orphan work- (a) making the orphan work available to the public; or(b) reproducing the orphan work for the purposes of digitisation, making available, indexing, cataloguing, preservation or restoration.(3) A relevant body does not commit an offence under section 107( 9) or 198( 10) by using an orphan work in a way which, by virtue of this Schedule, does not infringe copyright or the rights conferred by Chapter 2 of Part 2.(4) This paragraph is subject to paragraph 6 (further requirements for use of orphan works).Meaning of "relevant body", "relevant work" and "rightholder"
2.
(1) In this Schedule "relevant body" means-(a) a publicly accessible library, educational establishment or museum,(b) an archive,(c) a film or audio heritage institution, or(d) a public service broadcasting organisation.(2) Subject to sub-paragraph (4), in this Schedule "relevant work" means a work to which sub-paragraph (3) applies which is-(a) a work in the form of a book, journal, newspaper, magazine or other writing which is contained in the collection of a publicly accessible library, educational establishment or museum, an archive or a film or audio heritage institution;(b) a cinematographic or audiovisual work or a sound recording which is contained in the collection of a publicly accessible library, educational establishment or museum, an archive or a film or audio heritage institution; or(c) a cinematographic or audiovisual work or a sound recording which was commissioned for exclusive exploitation by, or produced by, one or more public service broadcasting organisations on or before 31 December 2002 and is contained in the archives of that organisation or one or more of those organisations.(3) This sub-paragraph applies to a work if-(a) it is protected by copyright or rights conferred by Chapter 2 of Part 2, and(b) the first publication or first broadcast of the work was in a member State.(4) In this Schedule "relevant work" also includes a work listed in any of paragraphs (a) to (c) of sub-paragraph (2) which-(a) is protected by copyright or rights conferred by Chapter 2 of Part 2, and(b) has never been published or broadcast, but(c) has been made publicly accessible by a relevant body with the consent of the rightholders,as long as it is reasonable to assume that the rightholders would not oppose the use of the work as mentioned in paragraph 1(1) or (2).
(5) References in this Schedule to a relevant work include-(a) a work that is embedded or incorporated in, or constitutes an integral part of, a relevant work, and(b) a...