Study On Protection System Of Orphan Works

Orphan works are those works in the period of copyright protection,but the owners are unknown or can not be located,and the users can not make use of works unless get license.A large number of orphan works were produced since automatic protection principle established and wildly accepted by the number states.And it becomes more serious because of he copyright protection period is longer, the copyright protection consciousness is not high and the rapid development of information network.The core issue of Orphan Works is the dilemma in using.Under the system of copyright law,it is illegal and need to bear the corresponding tort liability if the use of other people’s work do not obtain authorization.However the users can not get the license from owners just because they are unknown or can not be located.Faced with this situation,the users have two options:one is give up use to avoiding possible infringement risk;the other is risk infringement in the hope that the author no longer appear.The former is a great waste of social resources, and at the same time will hinder the deductive works; The latter will encourages infringement and increase the cost of rights. Both of this should be avoid by copyright law.At present,foreign study for orphan works have got some results,but China’s efforts in the research of orphan works is far from enough, nor in the legal system for the specific regulation of orphan works.Even if is the third amendment to the copyright law increased the principle provisions on the orphan works, but still need to be further improved.Firstly,this paper analyzes he concept,causes and necessity of solutions of orphan works, in order to lay the theoretical foundation for further study on the orphan works;At the same time,draw lessons of experience from foreign protection mode of experience,including tort liability mode of American,Legal usage patterns of the European Union,British legal license mode and the Japanese pattern of the compulsory license.Because the study of orphan works starts late in China, and abroad research has achieved preliminary results, so the study of foreign relevant experience could be used to get solution of the orphan works using in China;But it must be combined with present development situation and the existing laws of orphan works in China to set a suitable system of orphan works protection,and determine what scheme of protection of orphan works should be adopted and how to further constructing.