Research On The Diligent Retrieval System Of Orphan Works

Diligent retrieval of orphan works is a necessary behavior for users to make diligent search before using orphan works.The rapid development of information technology has dramatically increased the number of orphan works,but it has also provided great convenience for the diligent retrieval of orphan works.To establish and improve the diligent retrieval system of orphan works,it must be clear about the corresponding elements.Under the premise of clarifying the principles,standards,and models of the diligent search system,it is urgent to learn from the relevant foreign legislative experience and learn lessons from foreign practices,based on the actual national conditions of China's intellectual property development,and to improve the diligent search system for orphan works in China.At present,the research on the diligent retrieval system of orphan works in China's academia is gradually mature.The "Copyright Law" is undergoing the third major overhaul.The related content of adding the diligent retrieval system of orphan works to relevant laws and regulations has come naturally.The first part of this article mainly discusses the related theoretical concepts of orphan works,analyzes the causes of orphan works and the use value of orphan works,and shows the importance of diligent retrieval in the use of orphan works.The second part mainly explains the system of diligent retrieval of orphan works and the elements of its practice mode.First,it clarifies the three basic principles of the diligent retrieval system,that is,the principles of diligence,goodwill,and rationality,and then explores the current limitations and future expansion of the diligent retrieval subject.Formulate the criteria for diligent retrieval from the aspects of identification and retrieval,consider the scope of diligent retrieval from the perspective of cost,analyze the diligent retrieval mode from the content and method of retrieval,and finally explore the two results of diligent retrieval Effectiveness,that is,publicity of public trust and limitation of tort liability.The third part mainly analyzes and analyzes the relevant rules and regulations of diligent retrieval in foreign countries,and focuses on comparing the three models of foreign diligent retrieval systems:limited liability model,expandable centralized management model,and compulsory license use model.Finally,it analyzes foreign diligence.Problems facing the retrieval system.The fourth part mainly studies the current status and dilemma of diligence retrieval rules in China in terms of the system and mechanism,and explores the technical problems faced by the construction of a diligent retrieval technology platform.The fifth part mainly puts forward some specific suggestions for the establishment and improvement of the diligent search system in China.First,try to establish a national unified orphan work registration system and search portal;second,improve the diligent search system to supplement the copyright owner's reasonable relief after diligent search;finally,the third part of China's ongoing "Copyright Law"This amendment provides legislative advice on a diligent search system.