Study Of Legal Issues On Exploitation Of Orphan Works

Though "Orphan works" is not a fresh thing, they have not stolen the spotlight for a long time. With the development of the information technology in modern life, "orphan works" has brought some difficulties, and it hinders the use of cultural resources and is will do harm to social development.The use of "Orphan Works" gradually into people’s vision after Google’s case. Countries around the world have to settle a dispute, and the United States also do some useful jobs to it, it has put forward two proposed laws, and the EU promulgated an Instruction, There are so many other countries have legislation like Canada. China have also been established and try to solve the problem of "orphan works".First of all, this paper analyses and studies Orphan Works. And then it sums up its connotation and denotation, and in order to settle a dispute and provide a theoretical basis, this paper analyses copyright basic theories related, and then it compares with several representative solutions in the other countries, and finally it analyses Chinese specific legal system and the existing conditions, and tries to put forward some ways to the institution of use of " orphan works " in China.This paper is mainly to compare several representative solutions, analysis of some of the official website of the data analysis method, this paper both analysis fully and referring to foreign experiences,it also proposes the system of "orphan works" to improve the program according to Chinese specific conditions and the existing circumstances, including the provision of" copyright of no inheritance works” belong to the public domain, formulate reasonable standard of “Diligent search”, establish a set of suitable "orphan works" copyright information publicity and the system of authorization and so on.