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Legal problems of the use of orphan works in digital age

The aim of this paper is to consider the mechanisms of legalization of use orphan
works, based on a comparative analysis of the legal regulation in the United States, the EU
and European countries; identify priority ways to reform and to develop proposals for
improving copyright law in Ukraine. In the first section the concept of the orphan works and
the circumstances which caused emergence of the orphan works are revealed. It has been
established that the problem of orphan works mostly concerns works whose authors died and
heirs cannot be found. In the second section the models of legalization of orphan works in
the United States, Canada, the EU and European countries are analyzed and these
interferences formed a proposal for Ukrainian legislation. In the third section the
background of development of legislation of orphan works in Ukraine are studied. The
neсessity to study the legal regulation of the United States, the EU and European countries
in light of the recodification of the Civil law of Ukraine and seeking way of its renovation is
substantiated. Developing effective mechanisms of using orphan works are stated to become
relevant in the process of digitization of libraries’ collections and to have gained a new
momentum in recent years. Its result has been provided open access to the works on the
Internet.