The Research Of Protection Of Orphan Works

The orphan works are literally translated from the word "Orphan works".It means that the reasonable and diligent search by the user is still unable to determine whether the copyright owner or the copyright owner can identify the copyright owner's published works which are still in the copyright protection period.Due to the reasons of copyright protection and long term protection,copyright owners' information is easy to lose,and the concept of national intellectual property is not yet mature.Under the catalysis of digital technology,orphans' works are surging.At present,the problem of protection of orphan works has become a global problem,on the one hand,the United States of Europe,Canada,Japan and other countries have issued legal regulation,on the other hand,scholars in different countries have launched a fierce discussion,provides a theoretical basis for legislation.However,in our country,the corresponding legislation has not yet been introduced,and the orphan works system has not yet been established.Therefore,the study of orphan works is of great significance to the establishment of the protection system of orphan works in China,which is of great importance to the perfection of the legal system of copyright law in China.In this paper,the protection of orphan works is the core of the discussion,divided into four parts:The first part is an overview of orphan works.The concept,standard and causes of orphan works are elaborated.The second part is the comparison of the protection mode of orphan works abroad.The United States first proposed "relief limit" mode,and establishes reasonable diligence search standard;Canada,Japan adopted the compulsory licensing model,through the national copyright administration authority;Nordic countries(Norway,Sweden,Denmark,Finland and Iceland)are encouraged to give full play to the folk organization,create a new type of authorization the system of extended copyright collective license system.From the perspective of the protection mode of orphan works abroad,by analyzing its advantages and disadvantages,it provides learning experience for the establishment of orphan works protection system in China.The third part of China's current copyright law and legislation of the relevant provisions of the orphan works,mainly in People's Republic of China "copyright law" and the People's Republic of China Copyright Law Implementation Regulations",article two of positivesignificance to solve the problem of orphan works,summarizes the existing unreasonable.To lay the foundation for perfecting the protection system of the orphan works below.The fourth part is analyzes the legislative trend of the protection of orphan works in China.Analyses the provisions concerning the orphan works in the third revision of the copyright law,and makes clear the legislative trend of our country.The fifth part is the idea of the protection system of orphan works in China.,including the establishment of compulsory license system of administrative organs,the establishment of orphan works database,and the construction of collective management organizations of copyright and the improvement of judicial relief.