A work is considered to be orphaned if the holders of the rights to the work remain unknown or cannot be found following an appropriate research effort.
The rights to the orphan work under Article 10 may only be asserted by authorised collective rights management organisations if the work is used on the basis of a copy of a work which:
is contained in collections held by public or publicly accessible libraries, educational institutions, museums, collections and archives or in archive collections of broadcasting organisations; and
was produced, copied, or made available in Switzerland, or handed over to an institution within the meaning of letter a.
Orphan works are considered to be published. If other works or partial works are integrated into an orphan work, paragraph 2 also applies to the assertion of the rights to these works or partial works insofar as these do not significantly determine the unique character of the archived works.
The rights holders have a right to remuneration for the use of the work. This may not exceed the remuneration provided for in the distribution regulations of the relevant collective rights management organisation for the use of the work.
Article 43a applies to the use of a larger number of works on the basis of copies of works from collections under paragraph 2 letter a.
If no rights holders present themselves within 10 years, the proceeds of exploitation, by way of derogation from Article 48 paragraph 2, shall be used in their entirety for social welfare purposes and for the appropriate promotion of culture.
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