Drphan Works Centralized Licensing System

Orphan works is the period of protection of copyright works,but can’t find the author or owner of the copyright interest to just disscuss materrs relating to the exploitation of works. Orphan works as a marginalized works in the complexity culture market, the velocity of propagation is more faster, and the cost of circulation gradually reduces,but increasing the gap between supply and demand in the network environment. There is a large number of orphan works in the libraries, national copyright law on how to regulate them is still in its infancy, and has not yet reached a consensus on some issues of orphan works. Whereby around orphan works concentrate license utilization from theroretically and legislative practice discussion,in order to make a theoretical contribution in our research area of orphan works.The first chapter is legislative analysis on the orphan works. Firstly introduces the definition and the basic use principles of orphan works on abroad, the second section describes the plight of China’s Copyright Law:Article13of the Copyright Law Implementation Regulations the "unidentified" works is narrow range, Article19of the Copyright Law and Article32of the Law of Succession the"state-owned" make the body of works virtual, and Article8of the Copyright Law the copyright collective management organization activist lacks of representation. Finally, cause analysis of orphan works mainly by the copyright principle of automatic protection, and development of network technology to change the mode of transmission of the work as well as the owner of the copyright in the copyright weak awareness.The second chapter is from the law and economics perspective to explore the feasibility of centralized licensing of orphan works.First, the theoretical basis of the transaction costs, there are mainly three kinds of transaction costs in the analysis of orphan works:the cost of definition of orphan works, the cost of search the author,And the cost of negotiation to change the rights of orphan works Analysis the orphan works copyright trading market is failure because of the high transaction costs as well as the two approach of statutory license and compulsory licensing can not internalize the positive externalities of orphan works effectively. Contrast centralized license through "internalization" of the terms of trade and price information, reduces transaction costs of orphan works parties, but also makes orphan works internalizing the externalities. Then by the perspective of the theory of the balance of interests, explore centralized licensing of orphan works to achieve a balance between the copyright owner’s private interest and public interests.The third chapter is a reference of foreign legislative experience. The revelation of the settlement agreement in the case of Google digital library is to take the advantage of the market dominant position of the copyright collective management organization; Nordic extension of centralized licensing, there is a strong reference to us to broaden the scope of existing the copyright collective management organization; Accessible Registries of Rights Information and Orphan Works (ARROW) in EU point out the direction for orphan works database construction; In addition, the legislative experience of the United Kingdom, Canada, the United States and other countries prompt to set a "reasonably diligent search" obligations to the users of orphan works.Chapter IV is constructed of orphan works centralized licensing system:The scope of the orphan works just the already published works, Expand the scope of the copyright collective management organization to the non-member’s works, Strengthen the copyright collective management organization’s information construction,Through government financial support for the completion of the database of orphan works. In addition, to regulate the orphan works in the Copyright Act, According the information missing state of the copyright holder to division the basic aspects of the orphan works, Legislative creation a "reasonably diligent search" obligations to the users of orphan works.