SCHEDULES
F1 SCHEDULE ZA1 CERTAIN PERMITTED USES OF ORPHAN WORKS
PART 1 GENERAL PROVISIONS
Further requirements for use of orphan works
6
This Schedule does not prevent the use by a relevant 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 covering the costs of the relevant body in digitising orphan works and making them available 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 aims 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 educational access to, works contained in its collection);
c
any rightholder who has been identified or located has, in relation to the rightholder’s rights, not authorised the relevant body’s use of the orphan work as mentioned in paragraph 1; or
d
the relevant body fails, in the course of the permitted use of the orphan work, to acknowledge the name of any author of or other rightholder in the work who has been identified.
Sch. ZA1 inserted (29.10.2014) by The Copyright and Rights in Performances (Certain Permitted Uses of Orphan Works) Regulations 2014 (S.I. 2014/2861), reg. 3(5), Sch. para. 1