Research On Compulsory Licensing System Of Orphan Works

In the era of information network and digital development,orphan works have increasingly diverse forms of expression and high demand for use.However,current copyright licensing cannot keep pace with the development demand for digitization of orphan works.There is no complete system for the use of orphan works in the current law.In order to improve the utilization rate of orphan works,using foreign legislative models for reference,based on the analysis of the necessity of applying the compulsory license system to orphan works,this paper puts forward corresponding legislative suggestions on the scope of application,pre procedures,applicable conditions,and royalty system of the compulsory license for orphan works in China.The domestic copyright exception system,which focuses on fair use and legal licensing,cannot be consistent with the use system for orphan works.Currently,there is a lack of standardization in the legislative level of orphan works,leading to cases where users use orphan works,which are generally recognized as infringement due to the lack of permission for use.Moreover,there are two dilemmas in the current use of orphan works,namely,unreasonable standards for diligent search and identification,and the difficulty of digitizing library resources is not easy to overcome.Therefore,China urgently needs to carry out systematic research on orphan works,establish a system for the use of orphan works that is suitable for China’s national conditions and the level of copyright development,so as to balance the interests of various relevant subjects and better promote the use and dissemination of works.This paper studies the causes and legislative limitations of orphan works as a starting point.Through analyzing the institutional characteristics,advantages and disadvantages of orphan works in different countries,it proposes the current applicable models for orphan works in China.The study found that the compulsory licensing model is relatively compatible with China’s cultural background and legal basis.Based on this,the scope of application of the compulsory licensing for orphan works was determined,and then the two important links of the compulsory licensing model for orphan works were discussed.Firstly,diligent search was used as a pre process to identify orphan works;Thirdly,its applicable conditions are elaborated from the subject,nature,and method of authorization.Adopt blockchain technology,decentralized,easy to trace,and not easy to tamper with.Apply smart contract technology,seek specific opinions on search criteria and royalty optimization,and strive to build a localized forced license utilization model for orphan works.