Research On Orphan Works In Database Construction In China

The database has become the basic "tool" for the development of all trades and fields in modern society.Database builders build a large number of database platforms through data mining and collation,and database resources play an important role in various fields.In the process of database construction,database builders usually need to use a large amount of data resources,including a large number of works that meet the conditions of copyright law protection,while some works have problems such as lack of copyright information,which is called"orphan works" by law circles.The difference between orphan works and ordinary works is that the identity of the copyright owner of orphan works is unknown or the copyright owner is clear but the whereabouts are unknown,which brings obstacles to authorization,payment and confirmation of the legal status of works to the users of orphan works.Especially when database builders use mass works based on different authorization and use methods,it is sometimes difficult to retrieve and analyze the copyright information of works comprehensively.However,in order to promote the development of database construction and industry,we can not give up the use of orphan works because of choking and waste available data resources.In order to make orphan works fully play their due value,we can build an appropriate protection mechanism for orphan works and create a good environment for database builders to legally use orphan works.Therefore,it is necessary to clarify the boundaries between orphan works,masterless works and works that have entered the public domain,and to study carefully the various rights and interests involved in them.Since the revision of Copyright Law was initiated in 2012,some principled provisions on orphan works have been made in a series of draft revisions,which have also been discussed by academia and practitioners.Under this background,this paper first introduces the construction of database and the use of orphan works,then defines orphan works and elaborates the importance and necessity of using and protecting orphan works in the development of database in China with specific cases.By comparing and analyzing the five main orphan works problem-solving modes,namely,EU mixed mode,tort liability limitation mode,statutory licensing mode,compulsory licensing mode and extended collective management mode,the author finally puts forward her own suggestions on the legislative and supporting system design for the establishment of orphan works utilization and protection framework in China.