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.

Key words: Keywords Orphan work, Copyright law, Administrative licensing, Copyright limitation and exception