EN
27.10.2012 Official
Journal
of
the
European
Union
L
299/5
DIRECTIVE 2012/28/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 October 2012
on certain permitted uses of orphan works
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
Commission entitled 'A Digital Agenda for Europe'. This
EUROPEAN UNION,
Directive targets the specific problem of the legal deter
mination of orphan work status and its consequences in
Having regard to the Treaty on the Functioning of the European
terms of the permitted users and permitted uses of works
Union, and in particular Articles 53(1), 62 and 114 thereof,
or phonograms considered to be orphan works.
Having regard to the proposal from the European Commission,
(4) This
Directive
is
without
prejudice
to
specific
solutions
being developed in the Member States to address larger
After transmission of the draft legislative act to the national
mass digitisation issues, such as in the case of so-called
parliaments,
'out-of-commerce' works. Such solutions take into
account the specificities of different types of content
Having regard to the opinion of the European Economic and
and different users and build upon the consensus of
Social Committee (
the relevant stakeholders. This approach has also been

1 ),
followed in the Memorandum of Understanding on key
principles on the digitisation and making available of
Acting in accordance with the ordinary legislative procedure ( 2 ),
out-of-commerce works, signed on 20 September 2011
by representatives of European libraries, authors,
Whereas:
publishers and collecting societies and witnessed by the
Commission. This Directive is without prejudice to that
(1) Publicly
accessible
libraries,
educational
establishments
Memorandum of Understanding, which calls on Member
and museums, as well as archives, film or audio
States and the Commission to ensure that voluntary
heritage institutions and public-service broadcasting
agreements concluded between users, rightholders and
organisations, established in the Member States, are
collective rights management organisations to licence
engaged in large-scale digitisation of their collections or
the use of out-of-commerce works on the basis of the
archives in order to create European Digital Libraries.
principles contained therein benefit from the requisite
They contribute to the preservation and dissemination
legal certainty in a national and cross-border context.
of European cultural heritage, which is also important
for the creation of European Digital Libraries, such as
(5)
Copyright is the economic foundation for the creative
Europeana. Technologies for mass digitisation of print
industry, since it stimulates innovation, creation,
materials and for search and indexing enhance the
investment and production. Mass digitisation and
research value of the libraries' collections. Creating large
dissemination of works is therefore a means of
online libraries facilitates electronic search and discovery
protecting Europe's cultural heritage. Copyright is an
tools which open up new sources of discovery for
important tool for ensuring that the creative sector is
researchers and academics who would otherwise have
rewarded for its work.
to content themselves with more traditional and
analogue search methods.
(6)
The rightholders' exclusive rights of reproduction of their
(2) The
need
to
promote
free
movement
of
knowledge
and
works and other protected subject-matter and of making
innovation in the internal market is an important
them available to the public, as harmonised under
component of the Europe 2020 Strategy, as set out in
Directive 2001/29/EC of the European Parliament and
the Communication from the Commission entitled
of the Council of 22 May 2001 on the harmonisation
'Europe 2020: A strategy for smart, sustainable and
of certain aspects of copyright and related rights in the
inclusive growth', which includes as one of its flagship
information society ( 3 ), necessitate the prior consent of
initiatives the development of a Digital Agenda for
rightholders to the digitisation and the making available
Europe.
to the public of a work or other protected subject-matter.
(3) Creating
a
legal
framework
to
facilitate
the
digitisation (7)
In the case of orphan works, it is not possible to obtain
and dissemination of works and other subject-matter
such prior consent to the carrying-out of acts of repro
which are protected by copyright or related rights and
duction or of making available to the public.
for which no rightholder is identified or for which the
rightholder, even if identified, is not located — so-called
orphan works — is a key action of the Digital Agenda
(8)
Different approaches in the Member States to the recog
for Europe, as set out in the Communication from the
nition of orphan work status can present obstacles to the
functioning of the internal market and the use of, and
cross-border access to, orphan works. Such different
( 1 ) OJ C 376, 22.12.2011, p. 66.
approaches can also result in restrictions on the free
( 2 ) Position of the European Parliament of 13 September 2012 (not yet
published in the Official Journal) and decision of the Council of
4 October 2012.
( 3 ) OJ L 167, 22.6.2001, p. 10.

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movement of goods and services which incorporate
to in this Directive or by other organisations. Such other
cultural content. Therefore, ensuring the mutual recog
organisations may charge for the service of carrying out a
nition of such status is appropriate, since it will allow
diligent search.
access to orphan works in all Member States.
(9) In
particular,
a
common
approach
to
determining
the (14) It
is
appropriate
to
provide
for
a
harmonised
approach
orphan work status and the permitted uses of orphan
concerning such diligent search in order to ensure a high
works is necessary in order to ensure legal certainty in
level of protection of copyright and related rights in the
the internal market with respect to the use of orphan
Union. A diligent search should involve the consultation
works by publicly accessible libraries, educational estab
of sources that supply information on the works and
lishments and museums, as well as by archives, film or
other protected subject-matter as determined, in
audio heritage institutions and public-service broad
accordance with this Directive, by the Member State
casting organisations.
where the diligent search has to be carried out. In so

doing, Member States could refer to the diligent search
guidelines agreed in the context of the High Level
Working Group on Digital Libraries established as part
(10) Cinematographic
or
audiovisual
works
and
phonograms
of the i2010 digital library initiative.
in the archives of public-service broadcasting organi
sations and produced by them include orphan works.
Taking into account the special position of broadcasters
as producers of phonograms and audiovisual material
(15) In
order
to
avoid
duplication
of
search
efforts,
a
diligent
and the need to adopt measures to limit the
search should be carried out in the Member State where
phenomenon of orphan works in the future, it is appro
the work or phonogram was first published or, in cases
priate to set a cut-off date for the application of this
where no publication has taken place, where it was first
Directive to works and phonograms in the archives of
broadcast. The diligent search in respect of cinemato
broadcasting organisations.
graphic or audiovisual works the producer of which
has his headquarters or habitual residence in a Member
State should be carried out in that Member State. In the
(11) Cinematographic and audiovisual works and phonograms
case of cinematographic or audiovisual works which are
contained in the archives of public-service broadcasting
co-produced by producers established in different
organisations and produced by them, should for the
Member States, the diligent search should be carried
purposes of this Directive be regarded as including
out in each of those Member States. With regard to
cinematographic and audiovisual works and phonograms
works and phonograms which have neither been
which are commissioned by such organisations for the
published nor broadcast but which have been made
exclusive exploitation by them or other co-producing
publicly accessible by the beneficiaries of this Directive
public-service broadcasting organisations. Cinemato
with the consent of the rightholders, the diligent search
graphic and audiovisual works and phonograms
should be carried out in the Member State where the
contained in the archives of public-service broadcasting
organisation that made the work or phonogram
organisations which have not been produced or commis
publicly accessible with the consent of the rightholder
sioned by such organisations, but which those organi
is established. Diligent searches for the rightholders in
sations have been authorised to use under a licensing
works and other protected subject-matter that are
agreement, should not fall within the scope of this
embedded or incorporated in a work or phonogram
Directive.
should be carried out in the Member State where the
diligent search for the work or phonogram containing
the embedded or incorporated work or other protected
subject-matter is carried out. Sources of information
(12) For
reasons
of
international
comity,
this
Directive
should
apply only to works and phonograms that are first
available in other countries should also be consulted if
published in the territory of a Member State or, in the
there is evidence to suggest that relevant information on
absence of publication, first broadcast in the territory of a
rightholders is to be found in those other countries. The
Member State or, in the absence of publication or
carrying-out of diligent searches may generate various
broadcast, made publicly accessible by the beneficiaries
kinds of information, such as a search record and the
of this Directive with the consent of the rightholders. In
result of the search. The search record should be kept on
the latter case, this Directive should only apply provided
file in order for the relevant organisation to be able to
that it is reasonable to assume that the rightholders
substantiate that the search was diligent.
would not oppose the use allowed by this Directive.
(16) Member States should ensure that the organisations
(13) Before
a
work
or
phonogram
can
be
considered
an
concerned keep records of their diligent searches and
orphan work, a diligent search for the rightholders in
that the results of such searches, consisting in particular
the work or phonogram, including rightholders in
of any finding that a work or phonogram is to be
works and other protected subject-matter that are
considered an orphan work within the meaning of this
embedded or incorporated in the work or phonogram,
Directive, as well as information on the change of status
should be carried out in good faith. Member States
and on the use which those organisations make of
should be permitted to provide that such diligent
orphan works, are collected and made available to the
search may be carried out by the organisations referred
public at large, in particular through the recording of the

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27.10.2012 Official
Journal
of
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European
Union
L
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relevant information in an online database. Considering
previously non-identified or non-located rightholders
in particular the pan-European dimension, and in order
come forward in order to claim their rights in the
to avoid duplication of efforts, it is appropriate to make
work or phonogram, the lawful use of the work or
provision for the creation of a single online database for
phonogram by the beneficiaries can continue only if
the Union containing such information and for making it
those rightholders give their authorisation to do so
available to the public at large in a transparent manner.
under Directive 2001/29/EC in relation to the rights
This can enable both the organisations which are
that they hold.
carrying out diligent searches and the rightholders
easily to access such information. The database could
also play an important role in preventing and bringing
to an end possible copyright infringements, particularly
in the case of changes to the orphan work status of the
(18) Rightholders
should
be
entitled
to
put
an
end
to
the
works and phonograms. Under Regulation (EU) No
orphan work status in the event that they come
386/2012 (
forward to claim their rights in the work or other

1 ), the Office for Harmonization in the
Internal Market ('the Office') is entrusted with certain
protected subject-matter. Rightholders that put an end
tasks and activities, financed by making use of its own
to the orphan work status of a work or other
budgetary means, aimed at facilitating and supporting the
protected subject-matter should receive fair compensation
activities of national authorities, the private sector and
for the use that has been made of their works or other
the Union institutions in the fight against, including
protected subject-matter under this Directive, to be
the prevention of, infringement of intellectual property
determined by the Member State where the organisation
rights.
that uses an orphan work is established. Member States
should be free to determine the circumstances under
which the payment of such compensation may be orga
nised, including the point in time at which the payment
In particular, pursuant to point (g) of Article 2(1) of that
is due. For the purposes of determining the possible level
Regulation, those tasks include providing mechanisms
of fair compensation, due account should be taken, inter
which help to improve the online exchange of relevant
alia, of Member States' cultural promotion objectives, of
information between the Member States' authorities
the non-commercial nature of the use made by the
concerned and fostering cooperation between those auth
organisations in question in order to achieve aims
orities. It is therefore appropriate to rely on the Office to
related to their public-interest missions, such as
establish and manage the European database containing
promoting learning and disseminating culture, and of
information related to orphan works referred to in this
the possible harm to rightholders.
Directive.
(17) There can be several rightholders in respect of a
(19) If
a
work
or
phonogram
has
been
wrongly
found
to
be
particular work or phonogram, and works and
an orphan work, following a search which was not
phonograms can themselves include other works or
diligent, the remedies for copyright infringement in
protected subject-matter. This Directive should not
Member States' legislation, provided for in accordance
affect the rights of identified and located rightholders.
with the relevant national provisions and Union law,
If at least one rightholder has been identified and
remain available.
located, a work or phonogram should not be considered
an orphan work. The beneficiaries of this Directive
should only be permitted to use a work or phonogram
one or more of the rightholders in which are not
(20) In
order
to
promote
learning
and
the
dissemination
of
identified or not located, if they are authorised to carry
culture, Member States should provide for an exception
out the acts of reproduction and of making available to
or limitation in addition to those provided for in
the public covered by Articles 2 and 3 respectively of
Article 5 of Directive 2001/29/EC. That exception or
Directive 2001/29/EC by those rightholders that have
limitation should permit certain organisations, as
been identified and located, including the rightholders
referred to in point (c) of Article 5(2) of Directive
of works and other protected subject-matter which are
2001/29/EC and film or audio heritage institutions
embedded or incorporated in the works or phonograms.
which operate on a non-profit making basis, as well as
Rightholders that have been identified and located can
public-service broadcasting organisations, to reproduce
give this authorisation only in relation to the rights that
and make available to the public, within the meaning
they themselves hold, either because the rights are their
of that Directive, orphan works, provided that such use
own rights or because the rights were transferred to
fulfils their public interest missions, in particular the
them, and should not be able to authorise under this
preservation of, the restoration of, and the provision of
Directive any use on behalf of rightholders that have
cultural and educational access to, their collections,
not been identified and located. Correspondingly, when
including their digital collections. Film or audio heritage
institutions should, for the purposes of this Directive,
( 1 ) Regulation (EU) No 386/2012 of the European Parliament and of
cover organisations designated by Member States to
the Council of 19 April 2012 on entrusting the Office for Harmon
collect, catalogue, preserve and restore films and other
ization in the Internal Market (Trade Marks and Designs) with tasks
audiovisual works or phonograms forming part of their
related to the enforcement of intellectual property rights, including
cultural heritage. Public-service broadcasters should, for
the assembling of public and private-sector representatives as a
European Observatory on Infringements of Intellectual Property
the purposes of this Directive, cover broadcasters with a
Rights (OJ L 129, 16.5.2012, p. 1).
public-service remit as conferred, defined and organised

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by each Member State. The exception or limitation estab
measures, in accordance with the principle of subsidiarity
lished by this Directive to permit the use of orphan
as set out in Article 5 of the Treaty on European Union.
works is without prejudice to the exceptions and limi
In accordance with the principle of proportionality, as set
tations provided for in Article 5 of Directive
out in that Article, this Directive does not go beyond
2001/29/EC. It can be applied only in certain special
what is necessary in order to achieve that objective,
cases which do not conflict with the normal exploitation
of the work or other protected subject-matter and do not
unreasonably prejudice the legitimate interests of the
HAVE ADOPTED THIS DIRECTIVE:
rightholder.
Article 1
(21) In
order
to
incentivise
digitisation,
the
beneficiaries
of
Subject-matter and scope
this Directive should be allowed to generate revenues
1. This
Directive
concerns
certain
uses
made
of
orphan
in relation to their use of orphan works under this
works by publicly accessible libraries, educational establishments
Directive in order to achieve aims related to their
and museums, as well as by archives, film or audio heritage
public-interest missions, including in the context of
institutions and public-service broadcasting organisations, estab
public-private partnership agreements.
lished in the Member States, in order to achieve aims related to
their public-interest missions.
(22) Contractual
arrangements
may
play
a
role
in
fostering
the digitisation of European cultural heritage, it being
2. This
Directive
applies
to:
understood that publicly accessible libraries, educational
establishments and museums, as well as archives, film or
audio heritage institutions and public-service broad
(a) works published in the form of books, journals, newspapers,
casting organisations, should be allowed, with a view
magazines or other writings contained in the collections of
to undertaking the uses permitted under this Directive,
publicly accessible libraries, educational establishments or
to conclude agreements with commercial partners for the
museums as well as in the collections of archives or of
digitisation and making available to the public of orphan
film or audio heritage institutions;
works. Those agreements may include financial
contributions by such partners. Such agreements should
(b) cinematographic or audiovisual works and phonograms
not impose any restrictions on the beneficiaries of this
contained in the collections of publicly accessible libraries,
Directive as to their use of orphan works and should not
educational establishments or museums as well as in the
grant the commercial partner any rights to use, or
collections of archives or of film or audio heritage institu
control the use of, the orphan works.
tions; and
(23) In
order
to
foster
access
by
the
Union's
citizens
to
(c) cinematographic or audiovisual works and phonograms
Europe's cultural heritage, it is also necessary to ensure
produced by public-service broadcasting organisations up
that orphan works which have been digitised and made
to and including 31 December 2002 and contained in
available to the public in one Member State may also be
their archives;
made available to the public in other Member States.
Publicly accessible libraries, educational establishments
and museums, as well as archives, film or audio
which are protected by copyright or related rights and which
heritage institutions and public-service broadcasting
are first published in a Member State or, in the absence of
organisations that use an orphan work in order to
publication, first broadcast in a Member State.
achieve their public-interest missions should be able to
make the orphan work available to the public in other
3. This
Directive
also
applies
to
works
and
phonograms
Member States.
referred to in paragraph 2 which have never been published
or broadcast but which have been made publicly accessible by
the organisations referred to in paragraph 1 with the consent of
(24) This
Directive
is
without
prejudice
to
the
arrangements
in
the rightholders, provided that it is reasonable to assume that
the Member States concerning the management of rights
the rightholders would not oppose the uses referred to in
such as extended collective licences, legal presumptions
Article 6. Member States may limit the application of this
of representation or transfer, collective management or
paragraph to works and phonograms which have been
similar arrangements or a combination of them,
deposited with those organisations before 29 October 2014.
including for mass digitisation.
4. This
Directive
shall
also
apply
to
works
and
other
protected subject-matter that are embedded or incorporated
(25) Since
the
objective
of
this
Directive,
namely
ensuring
in, or constitute an integral part of, the works or phonograms
legal certainty with respect to the use of orphan works,
referred to in paragraphs 2 and 3.
cannot be sufficiently achieved by the Member States and
can therefore, by reason of the need for uniformity of the
rules governing the use of orphan works, be better
5. This Directive does not interfere with any arrangements
achieved at Union level, the Union may adopt
concerning the management of rights at national level.

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Article 2
4. If
there
is
evidence
to
suggest
that
relevant
information
on
rightholders is to be found in other countries, sources of
Orphan works
information available in those other countries shall also be
1. A
work
or
a
phonogram
shall
be
considered
an
orphan consulted.
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
5. Member
States
shall
ensure
that
the
organisations
referred
located despite a diligent search for the rightholders having been
to in Article 1(1) maintain records of their diligent searches and
carried out and recorded in accordance with Article 3.
that those organisations provide the following information to
the competent national authorities:
2. Where
there
is
more
than
one
rightholder
in
a
work
or
phonogram, and not all of them have been identified or, even if
(a) the results of the diligent searches that the organisations
identified, located after a diligent search has been carried out
have carried out and which have led to the conclusion
and recorded in accordance with Article 3, the work or
that a work or a phonogram is considered an orphan work;
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
(b) the use that the organisations make of orphan works in
the organisations referred to in Article 1(1) to carry out the
accordance with this Directive;
acts of reproduction and making available to the public covered
respectively by Articles 2 and 3 of Directive 2001/29/EC.
(c) any change, pursuant to Article 5, of the orphan work
status of works and phonograms that the organisations use;
3. Paragraph
2
shall
be
without
prejudice
to
the
rights
in
the
work or phonogram of rightholders that have been identified
and located.
(d) the relevant contact information of the organisation
concerned.
4. Article
5
shall
apply mutatis mutandis to the rightholders
6. Member
States
shall
take
the
necessary
measures
to
ensure
that have not been identified and located in the works referred
that the information referred to in paragraph 5 is recorded in a
to in paragraph 2.
single publicly accessible online database established and
managed by the Office for Harmonization in the Internal
5. This
Directive
shall
be
without
prejudice
to
national Market ('the Office') in accordance with Regulation (EU) No
provisions on anonymous or pseudonymous works.
386/2012. To that end, they shall forward that information
to the Office without delay upon receiving it from the organi
sations referred to in Article 1(1).
Article 3
Diligent search
Article 4
1. For
the
purposes
of
establishing
whether
a
work
or
Mutual recognition of orphan work status
phonogram is an orphan work, the organisations referred to
in Article 1(1) shall ensure that a diligent search is carried
A work or phonogram which is considered an orphan work
out in good faith in respect of each work or other protected
according to Article 2 in a Member State shall be considered an
subject-matter, by consulting the appropriate sources for the
orphan work in all Member States. That work or phonogram
category of works and other protected subject-matter in
may be used and accessed in accordance with this Directive in
question. The diligent search shall be carried out prior to the
all Member States. This also applies to works and phonograms
use of the work or phonogram.
referred to in Article 2(2) in so far as the rights of the non-
identified or non-located rightholders are concerned.
2. The
sources
that
are
appropriate
for
each
category
of
Article 5
works or phonogram in question shall be determined by each
Member State, in consultation with rightholders and users, and
End of orphan work status
shall include at least the relevant sources listed in the Annex.
Member States shall ensure that a rightholder in a work or
phonogram considered to be an orphan work has, at any
3. A diligent search shall be carried out in the Member State
time, the possibility of putting an end to the orphan work
of first publication or, in the absence of publication, first
status in so far as his rights are concerned.
broadcast, except in the case of cinematographic or audiovisual
works the producer of which has his headquarters or habitual
residence in a Member State, in which case the diligent search
Article 6
shall be carried out in the Member State of his headquarters or
Permitted uses of orphan works
habitual residence.
1. Member
States
shall
provide
for
an
exception
or
limitation
to the right of reproduction and the right of making available to
In the case referred to in Article 1(3), the diligent search shall be
the public provided for respectively in Articles 2 and 3 of
carried out in the Member State where the organisation that
Directive 2001/29/EC to ensure that the organisations referred
made the work or phonogram publicly accessible with the
to in Article 1(1) are permitted to use orphan works contained
consent of the rightholder is established.
in their collections in the following ways:

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(a) by making the orphan work available to the public, within
the Member States' legislation in the field of copyright on or
the meaning of Article 3 of Directive 2001/29/EC;
after 29 October 2014.
(b) by acts of reproduction, within the meaning of Article 2 of
2. This Directive shall apply without prejudice to any acts
Directive 2001/29/EC, for the purposes of digitisation,
concluded and rights acquired before 29 October 2014.
making available, indexing, cataloguing, preservation or
restoration.
Article 9
Transposition
2. The
organisations
referred
to
in
Article
1(1)
shall
use
an
1. Member
States
shall
bring
into
force
the
laws,
regulations
orphan work in accordance with paragraph 1 of this Article
and administrative provisions necessary to comply with this
only in order to achieve aims related to their public-interest
Directive by 29 October 2014. They shall forthwith
missions, in particular the preservation of, the restoration of,
communicate to the Commission the text of those provisions.
and the provision of cultural and educational access to, works
and phonograms contained in their collection. The organi
sations may generate revenues in the course of such uses, for
When Member States adopt those provisions, they shall contain
the exclusive purpose of covering their costs of digitising
a reference to this Directive or shall be accompanied by such a
orphan works and making them available to the public.
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.
3. Member
States
shall
ensure
that
the
organisations
referred
to in Article 1(1) indicate the name of identified authors and
other rightholders in any use of an orphan work.
2. Member
States
shall
communicate
to
the
Commission
the
text of the main provisions of national law which they adopt in
the field covered by this Directive.
4. This
Directive
is
without
prejudice
to
the
freedom
of
contract of such organisations in the pursuit of their public-
Article 10
interest missions, particularly in respect of public-private part
nership agreements.
Review clause
The Commission shall keep under constant review the devel
opment of rights information sources and shall by 29 October
5. Member
States
shall
provide
that
a
fair
compensation
is 2015, and at annual intervals thereafter, submit a report
due to rightholders that put an end to the orphan work status
concerning the possible inclusion in the scope of application
of their works or other protected subject-matter for the use that
of this Directive of publishers and of works or other protected
has been made by the organisations referred to in Article 1(1)
subject-matter not currently included in its scope, and in
of such works and other protected subject-matter in accordance
particular stand-alone photographs and other images.
with paragraph 1 of this Article. Member States shall be free to
determine the circumstances under which the payment of such
compensation may be organised. The level of the compensation
By 29 October 2015, the Commission shall submit to the
shall be determined, within the limits imposed by Union law, by
European Parliament, the Council and the European Economic
the law of the Member State in which the organisation which
and Social Committee a report on the application of this
uses the orphan work in question is established.
Directive, in the light of the development of digital libraries.
Article 7
When necessary, in particular to ensure the functioning of the
internal market, the Commission shall submit proposals for
Continued application of other legal provisions
amendment of this Directive.
This Directive shall be without prejudice to provisions
concerning, in particular, patent rights, trade marks, design
A Member State that has valid reasons to consider that the
rights, utility models, the topographies of semi-conductor
implementation of this Directive hinders one of the national
products, type faces, conditional access, access to cable of
arrangements concerning the management of rights referred
broadcasting services, the protection of national treasures,
to in Article 1(5) may bring the matter to the attention of
legal deposit requirements, laws on restrictive practices and
the Commission together with all relevant evidence. The
unfair competition, trade secrets, security, confidentiality, data
Commission shall take such evidence into account when
protection and privacy, access to public documents, the law of
drawing up the report referred to in the second paragraph of
contract, and rules on the freedom of the press and freedom of
this Article and when assessing whether it is necessary to
expression in the media.
submit proposals for amendment of this Directive.
Article 8
Article 11
Application in time
Entry into force
1. This
Directive
shall
apply
in
respect
of
all
works
and This Directive shall enter into force on the day following that of
phonograms referred to in Article 1 which are protected by
its publication in the Official Journal of the European Union.

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EN
27.10.2012 Official
Journal
of
the
European
Union L
299/11
Article 12
Addressees
This Directive is addressed to the Member States.
Done at Strasbourg, 25 October 2012.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
A. D. MAVROYIANNIS

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L 299/12
EN
Official Journal of the European Union
27.10.2012
ANNEX
The sources referred to in Article 3(2) include the following:
(1) for published books:
(a) legal deposit, library catalogues and authority files maintained by libraries and other institutions;
(b) the publishers' and authors' associations in the respective country;
(c) existing databases and registries, 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, in particular 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) for 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 respective country;
(e) the databases of relevant collecting societies including reproduction rights organisations;
(3) for 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 points (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) for audiovisual works and phonograms:
(a) legal deposit;
(b) the producers' associations in the respective country;
(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 phonograms;
(e) the databases of the relevant collecting societies, in particular for authors, performers, phonogram 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.

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Document Outline

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