Discussion Of Definition And Protection Pattern Of Orphan Works In China

The orphan works refer to the following types of works: They are still in the protected period of copyright.However,although potential users have conducted a reasonable and diligent search,they cannot objectively find a right holder or even if they have the right holder,they still cannot Works related to this right holder.Especially in the Internet era,both material wealth and spiritual wealth created by knowledge for human beings are immeasurable,but for the topic of orphan works,the so-called Cheng Xiaoxiao is also defeated by Xiao He.Digital technology has created a solution to the problems of orphan works.Certain conditions,but to a certain extent,have also caused a large number of orphan works to appear.The fragmentation of Internet creation,changes in communication methods,and virtualization have made the authors find it more difficult and have led to more severe problems for orphan works.It is imperative to solve orphan works under the Internet trend.Looking around the world,the current use and protection models of orphan works mainly include the compulsory license models represented by Japan and Italy,the limited liability and relief model represented by the United States,and the typical expansionary collective authorization model in Northern Europe.There are no specific legislations on the orphan works in China so far.There is also debate over the selection of protection models.However,under the trend of the Internet,various original options have become increasingly stretched.The author believes that an Internet company can be established on the basis of compulsory licenses.The establishment of a database as an auxiliary model,combined with the authority of state organs and the company's strong capital and market advantages,can overcome the drawbacks of the traditional model.This article is divided into five parts: the first part introduces the background,significance and innovation of this article;the second part clarifies the basic definitions and related types of orphan works;the third part focuses on the dilemma of orphan works in the network environment;The fourth part introduces and analyzes the current various types of related protection models,which leads to the fifth chapter,legislative proposals on the range of orphan works and protection models in China.