No. Although it may indeed be an orphan work, art. 22b CopA does not allow the use of orphan works found from any source. It is only permitted to use an orphan work if the work is in a public institutional archive or open to the public and after notifying Prolitteris using the appropriate form. Before coming to the conclusion that the author is not known or cannot be reached, the user must have carried out research and shown diligence in doing so. In this case, a single image found by a private individual on the Internet, which is not part of a public institutional or broadcasting archive, is not considered by art. 22b CopA and cannot be used freely.
