On The Protection And Utilization Of Orphan Works' Copyright

As a double-edged sword,on the one hand the Internet brings people to the convenience of life,on the other hand it also challenges the legal system.The intensification of the problem of orphan works is the product of the Internet technology.Under the Internet technology,the way of transmission of the works evolved from the traditional papermaking spread into the code transmission,the cheapness of the work transmission also makes the complete preservation of the copyright information become a problem.The Orphan works are typical examples of incomplete copyright information.Unable to contact the copyright owner has intention to use works how to obtain authorization and how to protect the rights and interests of the copyright owner is an issue,However,the exact definition of orphan works is the prerequisite and foundation for the protection and utilization of orphan works.The first part of the article elaborates the legal background of orphan works.This part clarifies the concept of orphan works.It points out that orphans works are the lack of copyright information that leads to the author cannot find or contact the works.Article analyzes the characteristics of orphan works,points out that orphan works have copyright unknown,find reasonable diligence and public contact characteristics.Unpublished works should be included in the category of orphan works because of promoting the use of the intellectual product,increasing the content of public domain works and promoting knowledge public accessibility,The author makes a study on the causes of orphan works,that is,the loss of copyright information,the development of network technology,the period of copyright protection and the weak national copyright consciousness.How to solve the problem of the use and protection of the orphan works,The international conmmunity and various countries have begun to pay attention to orphans works and they all introduced laws and established protection system,the article analyzes the use pattern of orphan works,and makes a detailed comparison and analysis of the advantages and disadvantages of the statutory licensing model,the compulsory licensing model,the collective management organization model and other modes.the author discusses the protection mode of orphan works under the legitimacy of the copyright protection of orphan works,and points out that the pre-model,the ex-post mode and other protection modes in different use modes have their advantages and disadvantages.It is pointed out that the mode of existence can effectively promote the dissemination of works and protect the economic interests of the copyright holders,which is suitable for our country's national conditions.The new draft of China's copyright law also established the protection and utilization system of orphan works.However,the provisions of the law are too hasty and many problems are not clear.On the basis of the previous comparative study,the fourth part of the article analysis the draft of the copyright law of our draft orphan works,pointed out that the concept of orphan works should be clear and perfect and the legislative details of orphan works system should improve.And in the practice of orphan works,administrative authority's rights and obligations and the relevant obligee rights and interests should be made to detail regulations.