Study Of Legal Issues On Exploitation Of Orphan Works

Orphan works is the period of protection of copyright works, but can not find the author or owner of the copyright interest to just discuss matters relating to the exploitation of works. The establishment of the principle of automatic protection of copyright, the extension of the term of protection is the root causes of orphan works; over time, address changes, population movements and other factors, will produce orphan works; particularly highly developed modern network technology, more difficult to find the original author, leading to orphan works is more likely to occur increases. Potential users need to exploit orphan works to complete their own creation, two situations may occur:First, without the consent of the copyright owner, the direct use of works, which constitute the infringement; or prosecuted because of fear of infringement had to give up on the orphan works exploitation. Therefore, the exploitation of orphan works has brought difficulties. If the exploitation of orphan works would infringe the copyright of copyright Win. If we give up exploiting this part of the work will not only lead to the passage, and will lead to a new creation can not be completed. In addition, orphan works, or because of copyright can not be found Win, and protection of the copyright status is unclear, and may the work in the public domain, but because in the "orphan" status can not be public access, leading to the scope of public domain reduce and the impact of the cultural exchange and transmission.The exploitation of orphan works problem has received extensive attention. United States, Canada, Japan, Korea, the United Kingdom and other countries have introduced laws, the community have also put forward legislative proposals to address the exploitation of orphan works problem. China has not yet "orphan works" concept, involving the use of the legal and even fewer can say. In response, the paper analyzes the present established law practice and doctrine, summed up the solution into three models, and objectively evaluate the advantages and disadvantages of various options and models, combined with the formation of a unique cause of orphan works and copyright legal and practical protection of the environment in China, make use of the orphan works program proposal, the use of trying to establish a comprehensive mechanism.In this paper, the adoption of the following five-part analysis of the contents of the exploitation of orphan works problem:Partâ… :Introduction. This chapter describes the motivation, purpose, scope, characteristics and innovation, in order to lay the foundation for the following discussion.Partâ…¡:The generation of orphan works problem. The main part of The definition of orphan works problem and difficulties faced by sloving the problen of orphan works is discussed.Partâ…¢:Patterns of exploitation of orphan works. This part according to the classification of the registration of the license mode, tort defense mode, usucapio mode,introduced the current exploitation of orphan works problem solving programs, and analyze advantages and disadvantages of a variety of programs and models.Partâ…£:The exploitation of orphan works by the range. This section analyzes the different types of copyright works enjoy different profits, describes the various orphan works solution by exploitation of the scope of work disputes, clearly established the exploitation of orphan works by the range.Partâ…¤:The China's exploitation of orphan works construction of the mechanism. This section analyzes the production of a unique cause of orphan works, legislative status in China, pointed out the China's exploitation of orphan works model selection criteria, and proposed exploitation of orphan works to solve the problem of the specific legislative proposals.