The Research Of Protection And Utilization Of Orphan Works’ Copyirght

The development of society will tend to challenge the existing social system,so as theorphan works. Orphan works has already posed new challenges for the existing copyrightsystem in the world. As a general principle of copyright protection automatically is used, theprotect period of works extend repeatedly, efforts of intellectual property protection has beenenhanced, explosive growth of digital technology and other social causes, resulting in agrowing number of works cannot be linked to the copyright holder, therefore the orphanworks problem appear. Without the permission of the copyright holder case, users will facenumerous legal risks, and the risk level will increase with the enhancement of intellectualproperty protection in the world.Faced with this reality, the U.S., EU and other countries have put forward various acts,and get a breakthrough in legislation, such as the EU adopted the "Proposal for a Directive ofthe European Parliament and of the Council on certain permitted uses of orphan works" in2011. The discussion began in the United States and Europe, but the orphan works problemalso exist in China; even it is extremely common in some areas. With the upgrading of China’sintellectual property protection, the problem appears more and more serious. Therefore, thestudy of orphan works copyright problem will has significant realistically meanings.This paper discusses the issues of orphan works, such as the background and the causes,analyzes the differences among related works, stresses the nature of the problem, andemphasizes the urgency that China solves the problem of orphan works. After analyzing thesolving strategies of the U.S., EU, Canada and Japan, we get the points that our existingcopyright system cannot solve all orphan works’ issues.On this basis, the measure that weshould establish work using system without contacting the copyright holder. The paperconsists of four parts:From the theoretical point of view, the first part points out that the core of the problem oforphan works is without contacting the copyright holder, and that the orphan works actuallyhas cross with public sector from within and outside the copyright system. What’s more, itpoints out the essence of the problem of orphan works as well as the urgency to solve it in ourcountry. Finally it discusses the differences between orphan works and our legal “successorswithout rights and obligations work","anonymous work","works of unknown authorship”.From the perspective of comparative study, the second part introduces the solving strategies and the latest legislation of the United States, European Union, Canada, Japan andother countries. And analysis the pros and cons of the existing copyright system in the UnitedStates to solve the problem of orphan works, Focusing the U.S. bill of "reasonable diligentsearch" program and the EU the orphan works using law license and authorization in2011.At last it introduces the compulsory copyright licensing system in Japan and Canada.The third part analysis the disadvantage of our existing copyright system in addressingthe orphan works problem,for example,The existing system of copyright is not stipulated theof unpublished orphan works,The legal permission of orphan works directly facingremuneration problem and other series of problems.The fourth part come up with proposals to solve the problem of orphan works, in otherwords, establishing our orphan works using system. Including the orphan works’ identifyand its fair use system, legal permission use system, forced licensing system, regionalcoordination system and other related supporting systems. Hope this paper can provide someSuggestions to the third alteration of China’s copyright law.