Research On The System Of Using Orphan Works

In the field of copyright law, because of the right to obtain the way, the duration and other reasons, the work of the copyright owner can not determine or difficult to contact the situation occurred, these works like their parents to unknown children, it is called "orphan works." At present, "orphan works" has been widely concerned by experts and scholars around the world, and how to use the "orphan works" is the core of the discussion. In response to this problem, including the United States, Canada,including most countries and regions have introduced the relevant laws, academics and the community has also been extensive discussion, and gives a lot of legislative recommendations. Although the study of "orphan works" began in the United States,but in our country also exist "orphan works" problem. However, there is no concept of"orphan works" in our current legislation, and few laws are concerned with this issue.Therefore, the study of the use of "orphan works" on the improvement of China's copyright law, has a very important practical significance. Based on this, this article revolves around this issue to discuss, the article mainly consists of five parts:The first part, elaborates on the concept of "orphan works", types and causes.Conceptually, it is pointed out that the core of the "orphan works" is "unable to determine or contact the copyright owner". From the type, negative "pretend" orphan works this error classification, then divided "orphan works" into the fact in the sense of "orphan works" and the legal sense of the word "orphan works". From the causes,analysis the legal reasons for the formation of "orphan works" and the legal reasons.The second part, puts forward the legitimacy of the use of "orphan works".According to the theory of justice and efficiency, interest balance theory, property rule and liability rule, gives a comprehensive analysis of the use of "orphan works,basis of legitimacy.The third part, compares the Canadian and other countries and regions on the use of "orphan works" to solve the problem, summed up the four modes of use, that is, the compulsory licensing model, the statutory licensing model, the limit relief mode, the extended copyright collective management model, and further analysis the advantages and disadvantages of each model and the enlightenment of the system of "orphan works" in China.The fourth part, analysis of the current legislation of copyright in China and the provisions of the third revision of the Copyright Law on "orphan works", including"works of unknown authors", "unsuccessful writings of property rights" and draft principles, summed up the existence of the missing and should focus on problems, lay the foundation for the discussion of "orphan works" use system in China below.The fifth part, first of all, based on our national conditions and learn from the experience of other countries and regions, put forward our country should adopt a compulsory licensing legislative model. Second, elaborate the specific rules, including a clear "orphan works" of the identified standards, improve the "orphan works"royalties system. Finally, the author puts forward some suggestions on perfecting the relevant supporting measures, including perfecting the collective management system of copyright, establishing the copyright registration system of "orphan works" and strengthening the construction of copyright information system.