Astudy On Exploitation Dilemma And Coping Strategy Of Orphan Works Problem Of China

The word orphan works originates in America and was translated into Chineseplainly. In late1990s, orphan works problem was focused and studied inAmerica firstly and two draft bills were formed. Following the step ofAmerica, many other countries and international organizations also putforward various coping strategies. There isn't any corresponding word oforphan works in our copyright law. However, we can judge that the similarproblem indeed exists in China only after analyzing the core conception oforphan works. Since that problem hasn't received much attention amongscholars, there aren't adequate and proper studies of it and most of the existingtheses put more emphasis on introducing the strategies of other countries.Based on the existing research, this thesis focuses on the following issues.First, after reviewing the evolving history of orphan works problem, two mainbackgrounds of it outstand which are the tendency of copyright and thedevelopment of digital technology, and three stages of the evolving problemare depicted which are pre-Berne Convention age, Berne Convention age anddigital age, and the essence of orphan works problem is also summarizedwhich can be divided into dilemma of use of orphan works and difficult points of use of orphan works.Second, the relevant lawsuits cases of orphan works in China are collected in alogical way which includes cases under the non-digital environment and casesunder digital environment. On the other side, it is also a representation of theexploitation situation of orphan works in China.Third, after recommending the foreign practice, this thesis put forward a kindof specific statutory license system for orphan works with constructing itspreliminary framework including the norm of fair and diligent research ofright holder, royalty system, system of reappearance of right holder, system ofdeclaration of copyright condition of used works and so on.