Study On The Legal Problems Of Reasonable Use Of Orphan Works

With the arrival of the era of big data,orphan works are not only in the form of books presented in the eyes of the world,more is the use of data storage form,which is making full use of technological superiority break away from being pigeonholed,and will present a brand new face to the society.Digital library is a way to make that books which cannot purchased or borrowed recirculated in the market by a feasible measure.How to make the orphan works worth the greatest highlight has become a crucial problem universally faced by all countries in the digital age.The content of this article conclude five parts.Research for the study of orphan works reasonably use of legal issues.The first chapter is the introduction,introduce the Google infringement case which leads to orphan works problem,and then briefly introduce domestic and foreign scholars on the orphan works,then pointed the scope of this study and research methods.The second chapter is an overview of orphan works,in which that our country does not exist a legal term as "orphan works",there first put forward the concept of orphan works in other countries as a reference.And then summarized that the use of orphan works in the process in two core issues.Finally,from the "Copyright Law",the relevant copyright regulations and the draft of the copyright revision,show the legal status of the orphan works in our country.The third chapter is to learn from the practical experience of foreign countries which more developed in intellectual property rights.Including the United States,the European Union,Canada,Japan and other countries on the protection of orphan works model,which is suitable for China's national conditions,including the design of special subject management,exception restrictions on the library,additional compensation for the increase in compensation,and dispute resolution ADR,ODR model.Focus on this analysis,cited as a mirror.The fourth chapter is the legal situation of the orphan works in our country,combined with the successful suggestions of other countries' available practice.Including form the establishment of "Taobao" type of collective management,improve the rational use of public welfare,detailed compensation mechanism,the establishment of a variety of dispute resolution mechanism and other aspects of the laws of orphans in China to improve the legal provisions.The fifth chapter is a summary of the whole article.Which focus of this article once again reiterated to deepen the impression.