The Construction Of Orphan Works Use System Of Our Country

Orphan works refer to the author unknown, though clearly identified but find nothing works. Orphan works using problem in our country, because there is no corresponding legal regulations, make use of orphan works appeared in China in a dilemma. Users either use orphan works and the risk of infringement risk, either in looking for the right holder’s fear of infringement risk after huge cost to abandon the use of the orphan works, this undoubtedly hindered the prosperity of China’s cultural market and the spread of excellent culture. Copyright law modification draft published in2012has made the corresponding problems of orphan works using the legislative design, draft and modify the second draft on the basis of the first draft for the complement. From the orphan works become a commercial use of copyright system bottlenecks caused many copyright disputes, the revision of the "copyright law" concerned about orphan works copyright use is timely, and is of great significance, at least can explain orphan works has caused by problems of legislation and the educational world attention. But the "copyright law"(modified draft) article26of the legislative design of the use of orphan works problem whether science, is still worth exploring whether the operable. Such as the scope of orphan works, using the pattern, the relevant supporting measures and other issues. So it is necessary for our country’s orphan works related problem analysis and argument, in order to put forward the corresponding reasonable scientific legislative design, solve the problem of orphan works to use.Articles in addition to the preface and epilogue parts mainly divides into four parts. First, this paper analyses the legislative background of orphan works, including the origin, connotation and denotation of orphan works problem and the analysis of the causes of orphan works problem, which lead to the copyright law in our country (revision) to the problem of the specific legislative design, and analyzes problems of orphan works using the lack of legislation design and is open to question. Next to the orphan works problem and analyze the significance of extensibility of collective management system, and combining with foreign inductive analysis was carried out on the solution to the problem of orphan works, then in the other country, on the basis of successful experience and research result of predecessors, combined with China’s specific national conditions, to solve the problem of orphan works using the corresponding legislative design is put forward.