The Copyright Problems Of Orphan Works

The so-called orphan works, which are still protected by copyright law within the time limit, but because of the original author or work all one’s whereabouts is a mystery or aware of its contact have no connection to work. How to use, how to balance the user and the author or the original works of all the interests of the people, research on the balance of public interests and private interests is particularly important. Exploration on the problems of orphan works copyright must first study the causes of the problems, in order to deal with this problem. The author thinks one of the most important reasons for the existence of a large number of orphan works is the principle of automatic protection of the international society of current copyright law, followed by the copyright law of the right of signature of freedom, the Chinese do not pay attention to the protection of private rights of historical and traditional customs, science and technology rapid development era new dissemination method, and the long copyright protection period and other factors.The problem of orphan works copyright has already attracted the attention of some developed countries. Not only European and American countries, China’s neighbors in South Korea, Japan and China to pay close attention to this one problem, even China’s Taiwan and HongKong have also introduced the relevant laws and regulations to regulate. Orphan works copyright issues related to the author’s right to obtain the best protection, related to the user’s rights and interests can be reasonable protection, related to the social and cultural resources can be effectively utilized, in relation to the development of intellectual property law, is an important problem that can not be ignored, but in China there is no law provide clear, according to the importance of this problem, we must pay attention to it.The concept of classification in this paper, the causes of the orphan works, all countries and regions of the laws and regulations system, unifies our country actual situation, proposed legislation proposed our copyright law, in order to better solve the problems of copyright works with orphans, balance the intellectual property and private sector, the best protection based on rational use of works, change the resources waste phenomenon, so as to promote the social prosperity and development of cultural industry in china. Google infringement cases appeared problems and life in a series of realistic problems in this issue some opposition contradicted research scholars, explain the research necessity.At present the foreign main license, registration mode, extended collective management mode, the operation mode of acquisitive prescription system, technical protection measures, the company to solve the problem. Each method has advantages and disadvantages, the reference of foreign advanced legislation and implementation programs. Based on the analysis and comparison of these different solutions and the combination of China’s social reality, made specific legislative proposals, legitimate the most reasonable solution of orphan works copyright.