Study On The Rule Of Digitizing Out-of-Commerce Works And The Application Thereof In China—Inspiration From The EU System

Out-of-Commerce Works refers to works which are still under protection of copyright law while no longer or have never been commercially available(this essay takes a broad understanding of "Works" in " Out-of-Commerce Works ",that is,including all objects protected by both copyright and related rights).The absolutely marketable works contain important cultural,historical,scientific and educational values.Especially in the network environment,the digital utilization of them has a significant effect.Based on the existing copyright system,the large-scale digitization process of out of commerce works is hindered,and its copyright licensing has high transaction costs,which urgently needs unified legislative reform.The Rule of Digitizing Out-of-commerce Works is a special system that allows cultural heritage institutions to digitize and disseminate out of commerce works to the public on a large scale when certain conditions are met.One of the purposes of the directive is to improve the implementation of copyright licensing and make the public more widely exposed to copyright content.In order to achieve this goal,the European Council finally decided to adopt the digital single market Copyright Directive(hereinafter referred to as the 2019 directive)in April 2019.Articles 8 to 11 of the2019 directive stipulate the rules for Out-of-Commerce Works,that is,the special system for cultural heritage institution to digitize and publicly disseminate Out-of-Commerce works under certain circumstances.The mass digitization of Out-of-Commerce Works within the EU will be of great significance to public interests,scientific research and education.It can provide new opportunities for public entertainment,learning,research and redevelopment and utilization of Out-of-Commerce Works,increase scientific research resources,improve scientific research quality and efficiency,and bring direct economic benefits to the cultural industry and other related industries.The rule of Out-of-Commerce works is conducive to the rights clearance of extinct works by Cultural Heritage Institution,such as libraries,museums,archives,and video and audio heritage institutions,to solve the problem of high transaction costs of copyright licensing,thus promoting the cultural heritage and knowledge transmission in the internal market.This article attempts to analyze the causes of the rules for Out-of-Commerce works under the EU 2019 Directive,explain the scope and mechanism of the system,and learn from the legislative experience of EU to provide reference for the establishment of the rules for Out-of-Commerce Works in our country.This essay focuses on research and analysis using the literature analytic methodology,comparative research methodology,and case study methodology.The whole essay is divided into three parts: introduction,main body,and conclusion.The master part is further divided into four chapters.The first chapter is an overview of the digitization rules for out-of-sale works,which is divided into two sections.The first section analyzes the difference between out-of-stock works and out-of-print works,orphan works with the concept of Out-of-Commerce Works,and analyzes the causes of Out-of-Commerce Works;The second section focuses the connotation of the digitization rules for the Out-of-Commerce Works based on the first part of this chapter.The second chapter is an empirical inspection of the EU’s rules for the digitalization of unsellable works,which is divided into four sections.The first section analyses the reasons for EU legislation to establish the digitization rules for Out-of-Commerce Works,which are divided into three parts,namely,the actual causes,the institutional causes and the historical causes.The second section studies the scope of the digitization rules of the EU Out-of-Commerce Works,mainly analyzing the types of works to which Out-of-Commerce Works are applicable,whether the acquisition of Out-of-Commerce Works is limited,whether other versions are substitutable,and the limitation of the publication time of the work constitutes the identification.The impact of Out-of-Commerce Works.The third section studies the operating mechanism of the EU’s digitization rules for Out-of-Commerce Works,and discusses mainly the licensing mechanism and the secondary mechanism within,which are complementary to each other.The fourth section focuses the supporting measures of the EU’s rules for the digitalization of Out-of-Commerce Works,which mainly discusses the opt-out mechanism and publicity measures that facilitate the right holders to exercise their rights independently,as well as the stakeholder dialogue that promotes agreement at all levels.The third chapter is the feasibility analysis of the application of the digitization rule of the Out-of-Commerce Works in PRC,which is further divided into two sections.The first section studies the practical basis for the application of the digitization rules of Out-of-Commerce Works in PRC,and the second section analyzes the legal basis and legal obstacles faced by the digitization rules of the Out-of-Commerce Works in PRC.The fourth chapter is the system design of the digitization rules of PRC Out-of-Commerce Works,which is divided into two sections.The first part brings up the advice on the definition of the object scope of the digitalization rules of Out-of-Commerce Works in PRC,including the object content and protection standards.The second part raises the conception of the mechanism operation of the digitization rules for the Out-of-Commerce Works in PRC.Based on the current Copyright system of PRC,this article respectively put forward specific suggestions on the application of the licensing mechanism and the secondary mechanism in our country.