If you cannot find the rightsholders, you can obtain a license for orphan works under certain conditions.

For you this means: you may not simply use a work without clarification. First you must carefully research whether the rightsholders can be identified.

If, despite your research, they cannot be located, the following applies:

• You can apply to ProLitteris for a license under Common Tariff 13 (CT 13).
• You confirm with a form that you have searched relevant databases.
• The work must come from a Swiss memory institution, such as a library, a museum or an archive.

The use is subject to a fee at moderate prices (from CHF 5 or 10), but is legally secured.

The license for an orphan work is valid only for use in Switzerland and Liechtenstein. As long as the use is limited to these territories or this focus results from the type of content and the audience, you are well protected.

If you also wish to use an orphan work outside Switzerland, you must examine the legal situation in the respective country separately.

The license nevertheless offers you the most secure possible basis for the use of a work whose rightsholders are unknown or cannot be located.

A license under CT 13 is advantageous despite a foreign connection if the essential use of the work takes place in Switzerland and you want to secure the copyright risks as effectively as possible.

The following points are particularly relevant for you:

• If the central use takes place in Switzerland, for example the reproduction of a work, this is legally secured.
• The subsequent use, for example as an online publication or performance, is part of the license for 10 years.
• Even if content reaches foreign countries via the internet or physical copies, the license shows that you have acted with the necessary care. Without a license, the use would be legally excluded.
• If your offer is directed predominantly at a Swiss audience, for example through language or content, cross-border use is often considered minor in practice.
• The subject matter and type of use can also indicate that the focus lies in Switzerland.

You should be cautious if you intend to distribute a work specifically abroad. In such cases, a residual legal risk remains.

If rightsholders contact you at a later stage, ProLitteris supports you in obtaining a subsequent license, including for future uses. There is no guarantee. However, with a license under CT 13 you are significantly better protected than without one.