The Copyright Use Of Orphan Works

Orphan works means trying to find copyright owners, but the copyright owners’ identity remains unknown or can be clearly identified without contacting. Due to the identity of copyright holders of orphan works is unknown, or although it is clear but still cannot get in touch, potential users cannot go through the normal authorization. He can only choose to give or willingly infringing use the orphan works. This creates not only a very negative impact on the spread of orphan works, but also hinder the world’s cultural heritage.The US, EU and other countries on the use of orphan works have shown great attention, they have started to find ways to solve. However, our domestic scholars and legislators to orphan works issue has not paid much attention, only reflected in the latest draft of the revised "Copyright Law" in the manuscript, but also remaining in dispute. Therefore, it is necessary to use the issue of orphan works carried out in-depth discussion and research.The first chapter describes the US and the EU orphan works for the study, pointed out the origin of the issue of orphan works, the concept of orphan works, to make the definition range, and analyze the reasons for orphan works produced.The second chapter of the legitimacy of the use of orphan works from public product of intellectual property rights and works to balance the interests of both the theoretical analysis.The third chapter points out by way of sub-way and indeed the existence of orphan works. By analyzing the existing "Copyright Law" and "Copyright Implementing Regulations," we concluded that the current legislation has not been fully resolved use of orphan works. Through the introduction of the ongoing "Copyright Law" to modify the work, noting in this draft to amend the relevant provisions of the orphan works, and analyzed.The fourth chapter is the copyright of foreign orphan works use patterns Comment. The orphan works abroad into use patterns and the use of the infringing use of legalization mode mode. Then use a different mode of orphan works abroad were compared to analyze the advantages and disadvantages of the application of these models.The fifth chapter is author’s suggestions of Constructing use of orphan works regime. First, she uses a "statutory license and compulsory license coexistence," model and analysis the specific rules should be adopted by the use of orphan works. Finally, the use of orphan works for relief in infringement made its own recommendations, in order to be able to contribute to the use of orphan works better implementation mechanism.