Research On Copyright Protection Of Digital Orphan Works

There exists a tension between copyright and code rules in the copyright protection of digital orphan works,and it is as well influenced by the dislocation between the existing copyright theory and copyright practice.The characteristics of distributed ledger,immutability,and quasi-anonymous of blockchain can alleviate the publicity,verification,and security issues involved in the aforementioned tension.These features have also partly answered the questions such as the types of works and the criteria of reasonable and diligent search,which are repeatedly mentioned in existing researches.The paradigms of copyright protection of orphan works in the United States,Nordic countries and Canada has their own limitations in application.It is advisable to learn from foreign experience from the micro-level experience and to follow the path of "tech-law" to innovate the copyright protection system for digital orphan works.It is necessary to change from "code governance" to "co-governance of technology and law",to adhere to the principle of decentralization under the guidance of the government,to define the boundaries of digital orphan works,to construct evaluation criteria for reasonable and diligent research,to unify the judgment logic of blockchain electronic deposit,to distinguish the needs of copyright owners into different hierarchies,and to pay attention to the rebalance of technical and normative adjustment.