Research On The Copyright Of Orphan Works

Orphan works refer to the works within the period of copyright protection.After a reasonable and diligent search,the user is still unable to determine the identity of the copyright owner or to find the copyright owner.The copyright issue of orphan works is not a new topic,but the popularity of network technology makes this problem particularly prominent.The initial public concern of the public was once a case in the American Google library,after which countries have been discussing and studying,and some countries have incorporated the orphan works system into legislation.There are a lot of orphans in our country,but the research on orphan works is not enough and deep,many problems need to be solved urgently.Therefore,it is necessary to study the problem systematically and establish appropriate solutions so as to make better use of orphans' works and play its potential value so as to promote the dissemination of the works.From the perspective of theory and practice,this paper studies the copyright of orphan works in four parts.The first part mainly introduces the basic concept of orphan works,causes of orphan works and the practical significance of studying the problem.The second part is the analysis of the different legislative evolution of other countries and regions,briefly introduces the legislative process of the United States and the European Union,and on this basis,focuses on a series of procedural systems on the utilization mechanism of orphan works by foreign countries,and provides reference for the future related system construction in China.The third part analyzes the challenges brought by the copyright of orphans' copyright to The Copyright Law of China,focusing on the problems arising from the rise of the digital library,the problems of the collective management system of copyright and the problem of whether the author can solve the orphan works by the unidentified works.The fourth part puts forward some suggestions to improve the copyright system of orphan works in our country.On the basis of reading The Copyright Law(the revision of the case),a series of frameworks for the construction of the copyright system of orphan works are put forward.Through these suggestions,we hope to provide references for improving the copyright system of orphans in China.