On The Use Of Orphan Works

With the rapid development of digital technology, especially the integration of digital library resources continue to strengthen, orphan works become a system bottleneck copyright use,and thus generating(or could have) a lot of copyright disputes, is not conducive to the spread and development of culture. In order to facilitate copyright trading, promoting public use of orphan works as well as to protect the legitimate rights of copyright owners, our legislation requires explicit use of orphan works as well as ways to compensate copyright owners principle as soon as possible. Our newly published "draft copyright modifications" to increase the rights of people unknown to the case of how to use the provisions of the work, but only in principle provides that appropriate procedures still need to improve. Use pattern Given China and Japan belong to the civil law countries similar to the existing legislative base and the new revised draft identified with the use of orphan works in Japan have a similar ruling system, and therefore, the author analyzes the Japanese orphan works legislation, put forward some improvement suggestion of orphan works regime.The first chapter clarifies the background of orphan works system at home and abroad,research methods and innovations as well as the status quo of this article. The second chapter analyzes the causes of the digital background orphan works produced clarify the orphan works both categories, as the research basis for this article. The third chapter balance the interests of copyright law and transaction costs and encourage two demonstrated validity and necessity of the use of orphan works. The fourth chapter analyzes the current draft of the Copyright Law and revise the provisions on orphan works and pointed out shortcomings. Chapter 5, the Japanese copyright law in relation to orphan works regime, provide a reference for the perfection of legislation. Make a few points to improve system use orphan works proposal chap.