Study On The Protection And Use Of Orphan Works

The Issue of orphan works has attracted much attention abroad. Western scholars have already conducted comprehensive researches for the protection and use of orphan works,and many countries have also promoted individual legislations for orphan works. The third revision of Copyright Law is ongoing and the final draft was submitted for deliberation in June 2014. The draft includes provisions on orphan works, which reflect our attention to the problems of orphan works, but also reflect our response to the digital trends, and thus our country actively improves the legislation. However, despite our ongoing attempts to the legislation of orphan works, the specific rules are still not clear enough. The legislations in the European,the US,and Canada are much more comprehensive than that of our country, so the paper is trying to compare and analyze the pros and cons of the legislation and practice in other countries and regions, and then to propose a suitable approach to the use and protection of orphan works in China. My study will base on the final draft of the revision of Copyright Law and put forward my suggestions to the provisions as well as further implementation rules.