Research On The Copyright Protection Mode Of Orphan Works

"Orphan works" is an inherent problem of the contemporary copyright system.It has been hidden in the contemporary copyright system for more than a hundred years and has become prominent in the information network and digital age.The legal protection of orphan works has a long history.The typical protection model outside the territory is nothing more than Canada’s compulsory license model,the United States’ tort liability model,and the EU’s compromise license model.The above three models are not directly applicable to my country.The domestic copyright exception system mainly includes fair use and statutory licensing systems,and it does not conform to the legal protection of orphan works.The third revision of my country’s Copyright Law does not involve orphan works,but its draft(draft)Article 27 and Article 51 have legally regulated orphan works.In general,the above clauses have the limitations of changes in the authority of administrative functions and reforms,and the users of works are faced with complicated application matters,and they can be used only after the approval of relevant agencies and the collection of deposit fees.This undoubtedly increases the administrative cost and the burden on the users of the works.This article starts from the copyright protection model of orphan works outside the territory,reflects on my country’s copyright exception system,and examines the views of scholars,that is,how can it be achieved without the need for institutional reform and functional transformation,and the work users can reduce the complicated affairs of applying for the use of the work.Balance the interests of the rights holders of the works and promote cultural development.This article proposes the model of "diligence search + filing use +after-event relief".The main idea is: diligent search is the procedure for the identification of orphan works,and also the pre-infringement exemption;the record use is that users of different natures use network technology to record and use after diligent search,without substantive review;the record use is proposed to the work user According to the requirements and obligations,the legal remedy of the right holder is determined through factors such as the nature of the user’s institution,the nature of the work,the method of use,the scope of use,and even the amount of expected income,so that different users of the work will pay different after the fact according to the actual use.The prerequisite for the ex post relief is that the right holder claims the right based on the information used for the record after his return,which is divided into two types,one is to claim the payment of the use fee;the other is to claim punishment for infringements such as failure to search diligently or false declaration for record use Sexual compensation;if the right holder has not returned,there is no need for other organizations to exercise the rights on their behalf,and the users of the work need not pay royalties.In addition,the statutory identification of orphan works also has certain reference significance for the protection of orphan works.