The Study Of Orphan Works Problem

Orphan works are those works that are in the copyright protection period，andtheir copyright owners are unknown or even the owners are known but not be locatedto discussing the use of works。When the potentialusers cann’t obtain the licencelawfully, they may face an impasse:either give up the use or use the works asinfringers, but both are notthe good ways to protect or disseminate the orphanworks..Obviously,it is not useful to the preservation and dissemination of orphanworks.The U.S.and European countries turn attention to orphan works with digitaltechnology and business model development and try to seek some solutions. Incontrast, domestic scholars and industry pay attention to orphan works. Although theutilization of "orphan works" first proposed by the United States and Europe, there arealso the use of orphan works problems in our countrys.The study of orphan works isvery important.The paper firstly defines the basical concepts of orphan works and analysis theforeign-related orphan works system..we have analysised the reason of orphan works.We give lots of solutions to different type of works.For the purpose of profit oforphan works users,we should accept the liscensing system of Canad. For the thepurpose of non-profit orphan works,users,we should take the fair use and statutorylicense to solve the problems.