Legal Regime for the Use of Orphan Objects of Copyright and Related Rights

Abstract

The article analyzes the problems of using orphan objects of copyright and related rights, new legislative provisions governing the procedure for managing and using the so-called orphan or orphan works, i.e. works whose authors or other copyright holders are assumed to be unknown. The relevant provisions also apply to objects of related rights. In the context of the widespread use of information technology, the use of intellectual property on the Internet, as well as the continuing circumstances of uncontrolled publication of works, the problem of using and legally protecting orphan objects of copyright and related rights is of particular importance. In this context, it seems important not to upset the balance of public and private interests (the interests of authors and other copyright holders) when establishing a legal regime for orphan objects of copyright and related rights. The authors formulated a scientific position and a number of provisions on various aspects of the use and protection of orphan objects of copyright and related rights.