On The Copyright Protection Of Orphan Works In China

Orphan works mainly refer to works whose copyright owner is still unidentified or whose identity is clear but cannot be contacted after reasonable and diligent search during the copyright protection period.The term "orphan works" first appeared in the United States,and the Google Digital Library project has attracted worldwide attention to orphan works.Since the emergence of orphan works,the rational use of orphan works has aroused great controversy.Because there is no clear right holder for orphan works,users may be involved in copyright disputes when using works without authorization.At present,the number of orphan works is huge.If these works are left idle,it will lead to a great waste of social and cultural resources.At present,many countries are aware of the contradiction between copyright protection and rational use of orphan works,and begin to legislate to regulate the use of orphan works reasonably.However,the protection of orphan works started late in our country.Although the Copyright Law(revised draft)involves orphan works,it has not been adopted eventually.There are still legislative gaps in this regard.At present,there are a large number of orphan works in our country,because there is no corresponding system and norms,such works can not be effectively used,resulting in infringement disputes are not a few,our country needs to strengthen the copyright protection of orphan works through the construction of the system.This paper starts with the analysis of the basic situation of orphan works and the current situation of copyright protection,introduces the characteristics of copyright protection modes in different countries,and combines the actual situation in China,so as to construct the copyright protection system of orphan works in China as a compulsory license plus Collective management.The protection mode of Li.Under the background of this model,the relevant measures such as the responsibility and obligation of the user,the relief after the right holder's resurrection,the management organization of orphan works and the franchise right of public institutions such as libraries are refined,so as to put forward corresponding construction for the future construction of the copyright protection system of orphan works in China and related legislative work.It is suggested that the use of orphan works in China should be institutionalized and standardized.