S.L. 415.5 Art. 5Orphan works.

(1) A work or a phonogram referred to in regulation 4(2)

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 regulation 6.

(2) Where in a work or a phonogram referred to in regulation 4(2) there is more than one rightholder, 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 regulation 6, the work or phonogram may be used in accordance with these regulations provided that the rightholders that have been identified and located have, in relation to the rights they hold, authorised the organisations referred to in regulation 4(1) to carry out the acts of reproduction and making available to the public accorded by articles 7(1)(a) and 7(1)(e), as well as articles 13(a), 13(e), 15(a) and 15(d) of the Act.

(3) Sub-regulation (2) shall be without prejudice to the rights in the work or phonogram of rightholders that have been identified and located.

(4) Regulation 8 shall apply mutatis mutandis to the rightholders that have not been identified and located in the works referred to in sub-regulation (2).

(5) These regulations shall be without prejudice to any other law on anonymous or pseudonymous works.