| The rapid development of information network technology made orphan works increase frequently. Europe and the United States has developed a series of laws and regulations to standardize the use of orphan works. But specific regulations of orphan works in our country are not perfect. Through what channels to efficiently use orphan works and how to build the use system of orphan works in our country are worth our deeper discusses.In this paper, I first introduce the concept, scope and causes of orphan works in detail.Secondly, through the analysis of the rationality of using the orphan works, and the deficiency of current relevant legal system of using orphan works in our country, I demonstrate the necessity of building orphan works using system in China. Then, I put forward that the use of orphan works shall meet the conditions, that include user’s "reasonable and diligent" searching obligation, the permit fee payment mode, and build a perfect system of dispute resolution. Finally, from the use of the orphan works, the transfer and return the copyright to the owner, there should be restrictions of the use orphan works.the building of orphan works use system should be helpful for better use of orphan works in our country. |
