S T A T U T O R Y  I N S T R U M E N T S  
2014 No. 2861 
COPYRIGHT 
The Copyright and Rights in Performances (Certain P ermitted 
Uses of Orphan Works) Regulations 2014 
Made - - - - 27th October 2014 
Coming into force  - - 29th October 2014 
The Secretary of State is a Minister designated for  the purposes of section 2(2) of the European 
Communities Act 1972( a) in relation to matters relating to the protection  of copyright and rights in 
performances( b). 
In accordance with paragraph 2(2) of Schedule 2 to that Act, a draft of this instrument was laid 
before Parliament and approved by resolution of eac h House of Parliament. 
The Secretary of State, in exercise of the powers c onferred by section 2(2) of that Act makes the 
following Regulations: 
Citation and commencement 
1.  These Regulations may be cited as the Copyright an d Rights in Performances (Certain 
Permitted Uses of Orphan Works) Regulations 2014 an d come into force on 29th October 2014. 
Interpretation 
2.  In these Regulations “the Act” means the Copyright , Designs and Patents Act 1988( c). 
Amendments to the Act 
3. —(1) After section 44A of the Act( d) insert— 
“Orphan works 
44B Permitted uses of orphan works 
(1) Copyright in an orphan work is not infringed by  a relevant body in the circumstances 
set out in paragraph 1(1) of Schedule ZA1 (subject to paragraph 6 of that Schedule). 
(2) “Orphan work” and “relevant body” have the mean ings given by that Schedule.”. 
(2)  After section 76 of the Act insert— 
                                                                                                                                            
(a) 1972 c.68; section 2(2) was amended by the Legisl ative and Regulatory Reform Act 2006 (c.51), sectio n 27(1) and the 
European Union (Amendment) Act 2008 (c.7), section 3(3) and Part 1 of the Schedule. 
(b) S.I. 1992/707 and 1993/595. 
(c) 1988 c.48. 
(d) Section 44A was inserted by the Legal Deposit Lib raries Act 2003 (c.28), section 8(1).  2 “CHAPTER 3A 
CERTAIN PERMITTED USES OF ORPHAN WORKS 
76A Certain permitted uses of orphan works 
Schedule ZA1 makes provision about the use by relev ant bodies of orphan works.”. 
(3)  In section 149 of the Act (jurisdiction of the Copy right Tribunal)( a), after paragraph (f) 
insert— 
“(fa)paragraph 7 of Schedule ZA1 (application to de termine compensation for use of 
orphan works).”. 
(4)  In Schedule 2 to the Act (rights in performances: p ermitted acts), after paragraph 
6H(b)insert— 
“Certain permitted uses of orphan works 
6I. —(1) The rights conferred by this Chapter are not i nfringed by a relevant body in the 
circumstances set out in paragraph 1(2) of Schedule  ZA1 (subject to paragraph 6 of that 
Schedule). 
(2) “Relevant body” has the meaning given by that S chedule.”. 
(5)  Before Schedule A1 to the Act( c), insert the Schedule ZA1 which is set out in the Schedule 
to these Regulations. 
 
 
 
 Baroness Neville Rolfe  
 Parliamentary Under Secretary of State for Busines s, Innovation and Skills 
27th October 2014 Department for Business, Innovati on and Skills 
 
 
 
                                                                                                                                            
(a) Section 149 has been amended in ways which are no t relevant to these regulations. 
(b) Paragraph 6H of Schedule 2 was inserted by S.I. 1 372/2014. 
(c) Schedule A1 was inserted by the Enterprise and Re gulatory Reform Act 2013 (c.24), section 77(4) and Schedule 22, Part 1 
paragraph 1.  3  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 copyrigh t 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 co nferred by Chapter 2 of Part 2( a) by 
doing either of the following in relation to a rele vant 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 unde r section 107( b) or 198( c) by using 
an orphan work in a way which, by virtue of this Sc hedule, does not infringe copyright or 
the rights conferred by Chapter 2 of Part 2. 
(4) This paragraph is subject to paragraph 6 (furth er requirements for use of orphan 
works). 
 
Meaning of “relevant body”, “relevant work” and “ri ghtholder” 
2. —(1) In this Schedule “relevant body” means— 
(a) a publicly accessible library, educational esta blishment or museum, 
(b) an archive, 
(c) a film or audio heritage institution, or 
(d) a public service broadcasting organisation.  
                                                                                                                                            
(a) Chapter 2 of Part 2 has been amended in the follo wing ways: section 182 was substituted by, and sect ions 182A to 182D 
were inserted by, S.I 1996/2967 and amended by S.I.  2003/2498, S.I. 2006/18 and S.I 2013/1782; section  183 was amended 
by S.I. 2003/2498; section 185 was amended by S.I. 2006/18; sections 186 and 187 were amended by S.I. 2003/2498; 
section 189 was amended by S.I 2006/18; section 190  was amended by S.I 1996/2967 and S.I 2006/18; sect ion 191 was 
substituted by S.I 1995/3297  and amended by S.I 20 03/2498, S.I 2006/18 and S.I. 2013/1782; sections 1 91A  to 191M were 
inserted by S.I 1996/2967 and sections 191A, 191C, 191Dand 191I were amended by S.I 2003/2498 and S.I.  2006/18; 
sections 191HA and 191HB were inserted by S.I 2013/ 1782; sections 192A and 192B were substituted by S. I 1996/2967 
and amended by S.I 2006/18 and 2013/1782; and secti ons 192 and 193 were amended by S.I 1996/2967 and S .I. 2006/18. 
(b) Section 107 has been amended in ways which are no t relevant to these Regulations. 
(c) Section 198 has been amended by S.I. 2003/2498 an d S.I. 2006/18 and in other ways which are not rele vant to these 
Regulations.  4 (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, newspape r, magazine or other writing which 
is contained in the collection of a publicly access ible library, educational 
establishment or museum, an archive or a film or au dio heritage institution; 
(b) a cinematographic or audiovisual work or a soun d recording which is contained in 
the collection of a publicly accessible library, ed ucational establishment or 
museum, an archive or a film or audio heritage inst itution; or 
(c) a cinematographic or audiovisual work or a soun d recording which was 
commissioned for exclusive exploitation by, or prod uced by, one or more public 
service broadcasting organisations on or before 31 December 2002 and is 
contained in the archives of that organisation or o ne or more of those 
organisations. 
(3) This sub-paragraph applies to a work if— 
(a) it is protected by copyright or rights conferre d 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 b y 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 righ tholders 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 performance in relation to which rights are c onferred by Chapter 2 of Part 2 and 
which is embedded or incorporated in, or constitute s an integral part of, a relevant 
work. 
(6) In this Schedule “rightholder” in relation to a  relevant work means— 
(a) an owner of the copyright in the work, 
(b) a licensee under an exclusive licence in relati on to the work, 
(c) a person with rights under Chapter 2 of Part 2 in relation to a performance 
recorded by the work, or 
(d) a licensee under an exclusive licence in relati on to those rights. 
(7) In the application of sub-paragraph (6) to a pe rformance by virtue of sub-paragraph 
(5), the reference in sub-paragraph (6)(c) to a per formance recorded by the work is to be 
read as a reference to the performance. 
(8) In this paragraph “public service broadcasting organisation” includes a public service 
broadcaster within the meaning of section 264 of th e Communications Act 2003( a). 
 
Meaning of “orphan work” 
3. —(1) For the purposes of this Schedule a relevant w ork is an orphan work if— 
(a) there is a single rightholder in the work and t he rightholder has not been identified 
or located, or 
                                                                                                                                            
(a) 2003 c.21.  5 (b) there is more than one rightholder in the work and none of the rightholders has 
been identified or located, 
despite a diligent search for the rightholder or ri ghtholders having been carried out and 
recorded in accordance with paragraph 5. 
(2) Subject as follows, a relevant work with more t han one rightholder is also an orphan 
work for the purposes of this Schedule if— 
(a) one or more of the rightholders has been identi fied or located, and 
(b) one or more of the rightholders has not been id entified or located despite a diligent 
search for the rightholder or rightholders having b een carried out and recorded in 
accordance with paragraph 5. 
 
Mutual recognition of orphan work status 
4.  A relevant work which is designated as an orphan w ork in another member State is an 
orphan work for the purposes of this Schedule. 
 
Diligent searches 
5.—(1) For the purposes of establishing whether a rel evant work is an orphan work, a 
relevant body must ensure that a diligent search is  carried out in good faith in respect of the 
work by consulting the appropriate sources for the category of work in question. 
(2) The relevant body must carry out the diligent s earch prior to the use of the relevant 
work. 
(3) The sources that are appropriate for each categ ory of relevant work must as a 
minimum include— 
(a) the relevant databases maintained by the Office  for Harmonization in the Internal 
Market; and 
(b) where there is no record that the relevant work  is an orphan work in the databases 
referred to in paragraph (a), the relevant sources listed in Part 2 of this Schedule 
for that category. 
(4) The Comptroller-General of Patents, Designs and  Trade Marks may issue guidance on 
the appropriate sources to be consulted under this paragraph for any particular category of 
work. 
(5) Subject to sub-paragraphs (6) to (8), a search of the sources mentioned in sub-
paragraph (3)(b) must be carried out in the member State in which the relevant work was 
first published or broadcast. 
(6) If the relevant work is a cinematographic or au diovisual work and the producer of the 
work has his or her headquarters or habitual reside nce in a member State, the search must 
be carried out in the member State of the headquart ers or habitual residence. 
(7) If the relevant work falls within paragraph 2(4 ), the search must be carried out in the 
member State where the organisation that made the w ork publicly accessible with the 
consent of the rightholders is established. 
(8) If there is evidence to suggest that relevant i nformation on rightholders is to be found 
in other countries, a relevant body carrying out a search in accordance with sub-paragraph 
(3)(b) must also consult the sources of information  available in those other countries. 
(9) A relevant body that makes use of orphan works in accordance with this Schedule 
must maintain records of its diligent searches and must provide the following information 
to the Office for Harmonization in the Internal Mar ket— 
(a) the results of the diligent searches which the relevant body has carried out and 
which first established that a work is an orphan wo rk; 
(b) the use that the relevant body makes of the orp han works;  6 (c) any change, pursuant to paragraph 7, of the orp han work status of a relevant work 
that the relevant body has used and in respect of w hich the relevant body has been 
supplied with evidence by a rightholder in accordan ce with paragraph 7(2); and 
(d) the contact information for the relevant body. 
 
Further requirements for use of orphan works 
6.  This Schedule does not prevent the use by a releva nt body of an orphan work as 
mentioned in paragraph 1 from infringing copyright or the rights conferred by Chapter 2 of 
Part 2 if— 
(a) the revenues generated in the course of the use  of the orphan work are used 
otherwise than for the exclusive purpose of coverin g the costs of the relevant body 
in digitising orphan works and making them availabl e to the public; 
(b) the relevant body uses the orphan work in order  to achieve aims which are not 
related to its public-interest mission (and the aim s which are to be treated as 
related to its public interest mission include, in particular, the preservation of, the 
restoration of, and the provision of cultural and e ducational access to, works 
contained in its collection); 
(c) any rightholder who has been identified or loca ted has, in relation to the 
rightholder’s rights, not authorised the relevant b ody’s use of the orphan work as 
mentioned in paragraph 1; or 
(d) the relevant body fails, in the course of the p ermitted use of the orphan work, to 
acknowledge the name of any author of or other righ tholder in the work who has 
been identified. 
 
End of orphan work status 
7. —(1) This paragraph applies to a rightholder who ha s not been identified or located in 
relation to a relevant work. 
(2) A rightholder may put an end to the orphan work  status of a relevant work by 
providing evidence of his or her ownership of the r ights to the Office for Harmonization in 
the Internal Market or to the relevant body which c arried out the diligent search which first 
established that the relevant work is an orphan wor k. 
(3) A relevant body that is using or has used the o rphan work must within a reasonable 
period provide the rightholder with fair compensati on for that body’s use of the relevant 
work together with information on how the fair comp ensation has been calculated. 
(4) If a relevant body and the rightholder cannot a gree on the amount of compensation 
payable, either of them may apply to the Copyright Tribunal to determine the amount. 
 
PART 2 
SOURCES TO BE SEARCHED DURING DILIGENT SEARCH 
 
Category of relevant work  Sources to be searched  
1. Published books  (a)  legal deposit, library catalogues and 
authority files maintained by 
libraries and other institutions; 
(b)  the publishers’ and authors’ 
associations in the country in 
question; 
(c)  existing databases and registries,  7 WATCH (Writers, Artists and their 
Copyright Holders), the ISBN 
(International Standard Book 
Number) and databases listing 
books in print; 
(d)  the databases of the relevant 
collecting societies, including 
reproduction rights organisations; 
(e)  sources that integrate multiple 
databases and registries, including 
VIAF (Virtual International 
Authority Files) and ARROW 
(Accessible Registries of Rights 
Information and Orphan Works). 
2. Newspapers, magazines, journals and 
periodicals 
 (a)  the ISSN (International Standard 
Serial Number) for periodical 
publications; 
(b)  indexes and catalogues from library 
holdings and collections; 
(c)  legal deposit; 
(d)  the publishers’ associations and the 
authors’ and journalists’ 
associations in the country in 
question; 
(e)  the databases of relevant collecting 
societies including reproduction 
rights organisations. 
3. Visual works, including fine art, 
photography, illustration, design, 
architecture, sketches of the latter works and 
other such works that are contained in 
books, journals, newspapers and magazines 
or other works  (a)  the sources referred to in 
paragraphs 1 and 2; 
(b)  the databases of the relevant 
collecting societies, in particular for 
visual arts, and including 
reproduction rights organisations; 
(c)  the databases of picture agencies, 
where applicable. 
4. Audiovisual works and sound recordings (a)  legal deposit; 
(b)  the producers’ associations in the 
country in question; 
(c)  databases of film or audio heritage 
institutions and national libraries; 
(d)  databases with relevant standards 
and identifiers such as ISAN 
(International Standard Audiovisual 
Number) for audiovisual material, 
ISWC (International Standard 
Music Work Code) for musical 
works and ISRC (International 
Standard Recording Code) for 
sound recordings; 
(e)  the databases of the relevant 
collecting societies, in particular for 
authors, performers, sound  8 £6.00 
UK201410281   11/2014   19585 
http://www.legislation.gov.uk/id/uksi/2014/2861 recording producers and 
audiovisual producers; 
(f)  credits and other information 
appearing on the work’s packaging; 
(g)  databases of other relevant 
associations representing a specific 
category of rightholders. 
5. Relevant works which have not been 
published or broadcast Those sources that are listed in paragraphs 1 
to 4 above which are appropriate to a 
relevant work which is unpublished.” 
 
 
 
 
 
 
EXPLANATORY NOTE 
(This note is not part of the Regulations) 
These Regulations amend the Copyright, Designs and Patents Act 1988 (“the Act”) by inserting 
new sections 44A and 76A, a new paragraph 6I in Sch edule 2 and a new Schedule ZA1. The 
Regulations implement the provisions of Directive 2 012/28/EU of the European Parliament and of 
the Council of 25th October 2012 on certain permitt ed uses of orphan works (OJ No L299/5, 
27.10.2012, p.1). 
The Regulations provide for the permitted uses of o rphan works by relevant bodies. The 
Regulations define “relevant body”, “relevant work” , “rightholder” and “orphan work”. 
The Regulations set out the requirements for a dili gent search, for the purpose of establishing 
whether a relevant work is an orphan work, and incl ude a list of the minimum sources to be 
searched in different cases. The Regulations requir e a relevant body to supply certain information 
to the Office for Harmonization in the Internal Mar ket. 
The Regulations provide that, if a relevant work is  designated as an orphan work in another 
Member State, it shall be treated as an orphan work  in the United Kingdom. 
The Regulations provide that, if the owner of an or phan work is identified, a relevant body that 
is using or has used the orphan work shall provide the owner with fair compensation for that 
body’s use of the work. 
A full impact assessment of the effect that this in strument will have on the costs of business and 
the voluntary sector is available from the Intellec tual Property Office, Concept House, Cardiff 
Road, Newport NP10 8QQ and is annexed to the Explan atory Memorandum (together with a 
transposition note) which is available alongside th e instrument on www.legislation.gov.uk. 
  
  
© Crown copyright 2014 
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