Abstract：The copyright of orphan works is one of the important challenges facing the copyright law
in today’s world. Solving this problem has important theoretical value and practical significance for the
perfection of copyright law and the digital application of orphan works. Based on the legal analysis of the
infringement cases of orphan works in cultural facilities and cultural enterprises, this paper discusses and
evaluates some major suggestions and models proposed or adopted by Japan and European Union countries
on the copyright of orphan works. This paper proposes the applicable legal framework of orphan works
for the purpose of promoting the lawful cross-border access to them. By summarizing the policies and
measures regarding the use of foreign orphan works, it explores the types of relevant applicable laws so as
to obtain meaningful experience and enlightenment.
米梓源 丁可宁 郝 群 张立彬. 国外孤儿作品合理使用问题的评介与思考——以日本、欧盟的法理思考为例[J]. 图书馆杂志, 2019, 38(9): 70-77.
Mi Ziyuan, Ding Kening, Hao Qun, Zhang Libin. Reflections on the Rational Use of Foreign Orphan Works:A Case Study of Legal Thinking in Japan and the EuropeanUnion. Libraly Journal, 2019, 38(9): 70-77.