Licensing of orphan works6
1
Once the authorising body has received the information set out in regulations 4(6) and (7), it may grant an orphan licence.
2
The authorising body may only grant an orphan licence which—
a
permits non-exclusive use of an orphan work in the United Kingdom;
b
permits acts restricted by the copyright or sections 182, 182A, 182B, 182C, 182CA, 183 or 184 of the Act in an orphan work for a term not exceeding 7 years;
c
prohibits the grant of sub-licences;
d
has effect as if granted by the right holder of the relevant work; and
e
provides that the use of an orphan work does not affect the moral rights of an author under Chapter IV of Part 1 of the Act or the moral rights of a performer under Chapter 3 of Part 2 of the Act and treats those moral rights as having been asserted.
3
Subject to the requirements set out in paragraph (2), the authorising body may grant a licence subject to conditions.
4
An orphan licence may not be granted to a person authorised to grant licences.
5
The authorising body may refuse to grant a licence—
a
on the ground that, in its reasonable opinion, a proposed use or adaptation is not appropriate having regard to the circumstances of the case, including whether the proposed adaptation constitutes derogatory treatment of the work; or
b
on any other reasonable ground.
6
Subject to the requirements set out in paragraph (2), the authorising body may, during the term of a licence, vary the terms of an orphan licence.