Status of “orphan work” regulated by law

The law on copyright and related rights will regulate the status of orphan work. It goes to all the works (books, films, newspaper articles and other type of creative materials) which is protected by copyright or related rights, but whose author or rights holder cannot be identified or localized. The works made public in anonymous form or under pseudonym will not be considered orphan works, IPN reports.

The libraries, educational institutions, museums, archives, public institutions in cinematography and public radio and TV broadcasters will be able to use orphan works. All the works identified as orphan could be used by the mentioned institutions in order to put them at the disposal of the public and to reproduce them and only in order to achieve the objectives related to their mission of public interest, especially the conservation, restoration of works and phonograms in their collections and ensuring of cultural and educational access to these.

The status of orphan work ends when the rights holder is localized or identified. The rights holder can any time end the status of orphan work and will benefit from an equitable compensation for the use of the work by the institutions that are empowered to do this, including from compensation for possible damage, offered through a collective management organization.

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