Research On The Utilization System Of Orphan Works In China

The rapid development of the Internet has led to great changes in the creation and dissemination of works,and the rapid dissemination and reproduction of works driven by technology has blurred the connection between the author and the work,resulting in a large number of orphan works.The contradiction about the protection and utilization of copyright is also particularly prominent in this era of rapid development of information technology.How to find a balance of interests between users and copyright owners and solve the problem of exploitation of orphan works has become a hot topic of research by scholars in various countries.In order to solve this problem,the European Union,Japan,the United States and Canada have actively explored the best way to solve the problem of orphan works,and have achieved considerable results.China’s attention to orphan works started late,and there are no specific regulations about this area.Unfortunately,the latest Copyright Law also does not address the issue of exploitation of orphan works.As a result,the issue of orphan works in China remains unresolved.Therefore,the study of this issue is of great relevance.This paper is divided into four parts.The first part introduces the concept of orphan works,its causes,and the need for a system of orphan works exploitation.Through an overview of orphan works,we clarify the confusing concepts of orphan works and unclaimed works,anonymous works,etc.We analyze and discuss the causes of orphan works in detail,pointing out that there are mainly reasons such as automatic copyright protection,excessive duration of copyright protection,freedom of attribution,and rapid development of the Internet,which provide a certain theoretical basis for the later part of the paper.The second part mainly elaborates the current legislative status and problems faced by orphan works in China,lists the existing legal system and the provisions of the relevant submission,and aims to illustrate the objective fact that the existing legal provisions in China cannot effectively solve the exploitation of orphan works.The aim is to show that the existing legal provisions cannot effectively address the objective facts of orphan works exploitation in China.The purpose is to sort out the pain points,difficulties and blockage points of orphan works in China,and conclude that the existing laws fail to use the new situation of technological development,insufficient collective management of copyright,and lack of relevant perfect mechanisms.The third part examines foreign solutions to the utilization of orphan works,and analyzes in detail the design of orphan works utilization models and systems in foreign countries in a comparative perspective.The fourth part is about improving the use of orphan works.The fourth part is about the ways to improve the use of orphan works.Based on the second and third parts of the previous study,we propose specific suggestions for improving the utilization mechanism of orphan works in China.Firstly,the scope of orphan works is clarified,and secondly,in terms of the choice of utilization mode,it is proposed that orphan works distinguish different subjects of use among individuals,commercial institutions and public cultural institutions,distinguish between profit-making and non-profit-making behaviors,and develop multi-level and multi-angle personalized solutions for orphan works.The objective criteria for diligent finding of orphan works,usage fees and other key matters are reasonably defined.Finally,suggestions are made for the improvement of China’s copyright registration system and copyright collective management system in order to play the role of supporting measures to support them.