고아저작물 이용을 위한 선결과제에 관한 비교법적 고찰

The principal issue in utilizing copyrighted works is to obtainpermission to use copyrighted works. Regarding copyright permission,there are problems such as huge expenses, a large volumes of orphanworks, the absence of applicable rules, and potential legal actions. Especially, copyright permission for orphan works is far harder than thepermission for the other copyrighted works, in that it is necessary tomake reasonable effort or diligent search to search the copyrighter. Thispaper examines the definition of orphan works, the problems in utilizingorphan works, and the features and limits of the orphan works relatedrules in U.S., Canada, Denmark, Japan, U.K., EU., and Australia. And then,this paper points the problem in the individual rules abroad is that therules have no clear standard, and, therefore, proposes that it is necessaryto suggest a clearer standard for reasonable effort or diligent search. Finally, this paper proposes that extended collective licensing(ECL) is anefficient managing program for utilizing orphan works.