What Directive 2012/28/EU on certain permitted uses of orphan works, Article 2: Orphan works requires
Directive 2012/28/EU, Article 2(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…
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Pillar: Creative, Content & Media IP · Authority: European Parliament and Council of the European Union · Version: 2.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32012L0028
SHA-256 integrity: 29c36126d3fbc7582b3b3e923f7de795b073e5a7a78a9387288817034b4e10dd
Primary Citations — 12 traced to source
- Directive 2012/28/EU, Article 2(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."
- Directive 2012/28/EU, Article 2(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."
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