L'article 37bis of the Intellectual Property Law (LPI), as a transposition of the Directive 2012 / 28 / EU, regulates the uses that the Educational centers, museums, libraries, hypermarkets accessible to the public, as well as public broadcasting organizations, archives, sound recordings and film libraries they can do orphan works available in your background:
|Types of orphan works
- Cinematographic or audiovisual works, phonograms and works published in the form of books, newspapers, magazines or other printed material that are included in the collections of educational centers, museums, libraries and hypermarkets accessible to the public, as well as archives, sound recordings and film libraries
- Cinematographic or audiovisual works and phonograms produced by public broadcasting organizations until 31 of December of 2002 inclusive, and that appear in their archives.
The aforementioned centers may carry out the uses of the following orphan works, provided that the conditions established in thearticle 37bis of the LPI:
- Reproduction, for purposes of digitalization
- Made available to the public
- Indexing, cataloging
- Conservation or restoration
- Public communication
- Permitted uses can only be carried out without profit motive and in order to achieve objectives related to the mission of public interest of the responsible centers, in particular the conservation and restoration of the works that appear in their collection and the facilitation of access to it for cultural and educational purposes.
Orphan works can be used provided they have been published for the first time or, in the absence of publication, have been broadcasted for the first time in a European Union Member State.
This use can be carried out after one diligent search, in the aforementioned State, of the holders of the intellectual property rights of the work orphan. In the case of cinematographic or audiovisual works whose producer has his habitual residence or residence in a Member State of the European Union, the search for headlines must be made in that State.
The aforementioned entities that have made available to the public, with the consent of their rights holders, works orphan works not published or broadcast, may be used, when it is reasonable to assume that their owners would not oppose the intended uses of 'article 37bis of the LPI. In this case, the search referred to in the preceding paragraph must be carried out in Spain.