82A.—(1) It is not an infringement of the copyright in a computer program for a cultural heritage institution to make available, for non-commercial purposes, out-of-commerce works that are permanently in its collections, where—

(a) no collective management organisation exists that fulfils the conditions set out in Regulation 8(1)(a) of the European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 in relation to that computer program right,

(b) it is accompanied by sufficient acknowledgment, and

(c) such work is only made available on non-commercial websites.

(2) An owner of copyright in a computer program may exclude his or her work from the use referred to in subsection (1) at any time by notifying the relevant cultural heritage institution by electronic or other means and by including the following in the notice:

(a) notification that the owner is asserting his or her right pursuant to this section;

(b) sufficient details of the work to enable it to be identified and removed from public display.

(3) Upon receipt of a written request in accordance with subsection (2), a cultural heritage institution shall terminate its use of the work or works referred to in that written request within 4 weeks of receiving it.

(4) This section shall not apply to sets of out-of-commerce works or other subject matter if, on the basis of the reasonable effort referred to in subsection (5), there is evidence that such sets predominantly consist of —

(a) works, other than cinematographic or audiovisual works, first published or, in the absence of publication, first broadcast in a third country,

(b) cinematographic or audiovisual works, of which the producers have their headquarters or habitual residence in a third country, or

(c) works of third country nationals, where after a reasonable effort no Member State or third country could be determined pursuant to paragraphs (a) and (b).

(5) At least 6 months before the work used under subsection (1) is distributed, communicated to the public or made available to the public, cultural heritage institutions, collective management organisations and library authorities, within the meaning of section 32 of the Local Government Act 1994, shall provide the following information on the Out-of-Commerce Works Portal established by the European Union Intellectual Property Office:

(a) the title, where possible, the author, and a brief summary of the contents of the out-of-commerce work that is proposed to be used in accordance with subsection (1);

(b) the information about the options available to rightholders under this section;

(c) as soon as it is available and where relevant, information on the parties to the licence, the territories covered and the uses authorised under the license.

(6) For the purposes of subsection (1), a work can be considered to be permanently in the collections of a cultural heritage institution where it is owned or permanently held by that institution, for example as a result of a transfer of ownership or a licence agreement, legal deposit obligations or permanent custody arrangements.]