Research On Legal Issues Of Fair Use Of Orphan Works

The word "Orphan Work" is directly translated by "Orpha Works",meaning that the work’s copyright owner is unknown or unable to contact."Orphan Work" usually has a high historical value,cultural value and social value,but since the user cannot obtain the work of the copyright owner,the work cannot be used,resulting in a great waste of resources.In particular,public cultural institutions such as libraries,archives is the most obvious: public cultural institutions hidden a massive "orphan work",but because the copyright person is unknown,it cannot be used normally,and this social function with public cultural institutions to promote knowledge information transformation spread.Therefore,the exception restriction of the fair use of "orphan work" is designed for public cultural institutions such as libraries,archives.This paper analyzes the legislative and judicial status quo of fair use of "orphan works" in China,and concludes that there are four problems in the application of fair use system of "orphan works" in China: Firstly,the subject and purpose of fair use of "orphan works" in China are not clear.Secondly,the search standard for the reasonable use of "orphan works" in China is too vague.Thirdly,the scope of application for fair use of "orphan works" in China is unclear and the way of use is single.Fourthly,the supporting mechanism for the reasonable use of "orphan works" in China is not perfect.This paper gives corresponding solutions to the above problems.As for the subjects of rational use of "orphan works",considering the inherent public nature of public cultural institutions such as openness and public welfare,it has the special attributes of spreading cultural knowledge,cultivating group identity and social belonging.Therefore,on the premise of taking into account the rights and interests of potential owners of orphan works and social public interests,the fair use of orphan works in China is limited to public cultural institutions.For reasonable use of search criteria "orphan works",of "trying to find" because our country has many problems,and based on the search criteria should follow the principle of diligence,good faith principle and rational principle,on the basis of reference to the eu’s industry retrieval system,and USES the listed four kind of find the way and the specific ways to find specific types of works specified in combining the legislation pattern.For the reasonable use of "orphan works" the scope of application and use of the way,through the analysis of the causes of the problems,put forward suggestions to improve.