The Research On Reasonably Diligent Search Of Orphan Works

The so-called orphan works,refers to the owner of the copyright really exist,but the one who desire to use his works unable to obtain the copyright information or know who is the person but do not know where he is,even through reasonable diligence to retrieve.Orphan works does not mean that a work really do not have the rightholders,just from the view of the potential users who want to obtain the information of the rightholders are very difficult.The digital and Internet technology make the problem of using "orphan works" urgent,but the fundamental reason is mainly due to the development of the copyright system(copyright protection become automatic protection from registered protection and copyright protection extended).The essence of the orphan works is how to use it,which makes the legislators in a dilemma:On one hand,from the point of protect the copyright owner who strictly follow the principles of copyright law,it will inevitably lead to a large number of orphan works are idle,especially when the copyright owner does not care about the use of his works by others,this result is definitely not what the legislator wants to see;On the other hand,if you consider the interest of public,allowing the potential users to use orphan works freely,it will not only harm the interests of the owners,but also make the user face the responsibility of tort.In order to solve this problem,many countries have made a tortuous exploration,and put forward their own orphan works problem solution.Some countries are looking for from the existing copyright system applicable to the problem of orphan works rules,and other countries make special research on orphan works and build special ’system for solving this problem.But no matter what kind of program,which contains the same elements of "reasonable diligent search",it has been accept by most countries.Before the third draft amendment of copyright law of our country,this problem has not attracted our attention and academic research on orphan works is also very few,there are no orphan works in the copyright law and other regulations,but this problem is widespread in every work category.Under this background,china introduced the "orphan works" system in the third revision of Copyright Law,but the provision in the draft is too simple to solve the complicated problem.What is the criterion of "reasonable.diligent search"?This paper starting from the plight of orphan works and based on the analysis of other countries about the orphan works reasonable diligent search rules,trying to build the "reasonable diligence retrieval system of China.