Research On Legal Issues Of Copyright Of Orphan Works In China

Orphan works refer to works whose copyright owner's identity is unknown or whose copyright owner's identity is determined but cannot be contacted.Orphan works copyright issues from the company to create "digital library" program began to cause the attention of the countries,from the actual case,due to the orphan works copyright problems there is no clear legislation,so some users to take risks,unauthorized use of orphan works,constitutes copyright infringement,damage the interests of copyright owners and users because of concerns about abandoned in the tort liability and,in the long run,is not in conformity with the cultural development.China is still in the legal blank stage in terms of orphan works' copyright.Although there are some references in related draft and submitted draft,it is not enough to solve the problem of orphan works' copyright.Therefore,it is necessary to conduct a systematic and in-depth study on this issue.Based on the brief introduction and reference of the copyright legislation system of orphan works in foreign countries,this paper analyzes the legal problems in the copyright of orphan works.The first part is an overview of orphan works.It includes the definition,classification and analysis of similar concepts of orphan works as well as the reasons for the emergence of orphan works.The concept of "orphan works" proposed in this paper is analyzed and explained from different perspectives,which provides the theoretical basis for the following part.The second part is mainly about two aspects.On the one hand,it puts forward relevant legal problems existing in the copyright of orphan works,including the definition of orphan works,the pre-identification procedure of "diligent search",the scope of different groups of users in using orphan works and the relief system after the re-emergence of copyright owners.On the other hand,it enumerates and analyzes the legal provisions of similar orphan works in China's current law,as well as the provisions on orphan works involved in the revised draft,and briefly summarizes the current situation of China's copyright collective management organization.The third part mainly introduces the exploration process of orphan works copyright legislation in foreign countries and the specific system to solve the problem of orphan works copyright.Focusing on the possible problems of the copyright of orphan works in the previous chapter,this paper first makes a brief description of the legislative process of the copyright of orphan works,and then introduces the specific system design of various countries.Through the systematic introduction,it also provides some references for solving the copyright problem of orphan works in China.The fourth part puts forward some concrete Suggestions to solve the legal problems of orphan works in China.By combining China's existing management mode and the provisions of the copyright law,this paper proposes measures to protect and utilize orphan works,hoping to better explore the cultural value of these works.