• Title/Summary/Keyword: 저작재산권

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Right of paternity of Ghostwriter (대필작가의 성명표시권 문제)

  • Kim, Jiyoung;Kim, Inchul
    • Proceedings of the Korea Contents Association Conference
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    • 2019.05a
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    • pp.351-352
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    • 2019
  • 우리 저작권법은 저작권자에게 저작인격권을 통하여 성명표시권을 부여하고 있다. 저작권법 제12조에 의한 성명표시권은 저작권자가 자신의 저작물에 대하여 실명 또는 이명을 표시할 권리를 뜻한다. 우리 사회에는 대필작가, 소위 고스트라이터를 통해 저작물을 창작하고 최종 저작물(위탁저작물)에는 대필작가의 이름이 빠지는 경우가 관행적으로 이루어지고 있다. 그러나 법적 관점에서 볼 때 위탁저작물을 창작한 자는 대필작가이고, 대필작가의 이름이 저작물에 표시되지 않는 것은 성명표시권 침해에 해당한다. 또한 성명표시권과 같은 저작인격권은 일신전속성을 지닌 권리로 양도, 포기, 불행사가 불가능하다. 그렇기에 법적으로는 대필작가의 성명을 위탁저작물에 무조건 표시해야 하지만 현실은 그렇지 못하다. 그렇기에 본고에서는 이에 대하여 간략하게 살펴보겠다.

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A Study on the Procedures of Diligent Search for the Use of Orphan Works in Cultural Institutions (문화시설의 권리자불명 저작물 이용을 위한 '상당한 조사'의 절차에 관한 연구)

  • Hosin Lee
    • Journal of the Korean Society for information Management
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    • v.41 no.2
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    • pp.131-154
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    • 2024
  • This study aims to check the effectiveness of 'diligent search' stipulated in Article 35-4 of the Copyright Act of Korea. 'Diligent search' is to identify the copyright holder and his or her contact information. But the process provided by the law includes many cases in which it is practically impossible to identify the relevant details, and includes unnecessary requirements. So it appears that improvement is needed. Based on this, it was proposed to improve the text of the Copyright Act (Article 35-4) and to abolish unnecessary provisions (Article 16-3 no.5~8) of the Enforcement Decree.

Copyright Issues for Distance Learning Library Services Focusing on the Right of Reproduction and Right of Communication (원격교육 지원을 위한 도서관 정보서비스에 있어서 저작권 문제 -복제권과 전송권을 중심으로-)

  • 김현희;정경희
    • Journal of Korean Library and Information Science Society
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    • v.33 no.1
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    • pp.15-34
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    • 2002
  • This study investigated the copyright problems in the course of distance teaming. The Copyright Act of Korea is built to protect the rights of authors and the rights neighboring on them and to promote fair use of works in order to contribute to the improvement and development of culture. However, for efficient use of library's materials for distance education, some articles in the Copyright Act of Korea is needed to be changed. We suggested the revision in the article 23 “Reproduction for the Purpose of School Education” and the article 28 “Reproduction in Libraries, etc”.

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A Study on the Limitation on the Right of Public Performance in the Individual Watching Cinematographic Works in Public Libraries (공공도서관 영상저작물 관내열람의 공연권 제한에 관한 연구)

  • Joung, Kyoung-Hee
    • Journal of the Korean Society for Library and Information Science
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    • v.46 no.3
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    • pp.133-155
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    • 2012
  • Article 29 in the copyright law of Korea, public performance and broadcasting for non-profit purposes will be revised. The copyright agency has tried to impose copyright fees on the use of cinematographic works such as DVDs in public libraries. The paper studied that the individual watching cinematographic works in public libraries is included in the concept of public performance in the copyright law. Also, the study conducted a survey on the situation of use of cinematographic works in public libraries. As a result of the study, watching DVDs in facilities for 1~3 persons in public libraries could be included in the concept of public performance. But the main purpose of most of DVD users was for circulation or reading. The library service for individual DVD watching will therefore not affect the commercial income of the copyright holders. Finally the study suggested that if the service for the individual watching of cinematographic works in libraries is included in the concept of public performance, the copyright law needs to be revised so that the service is included in the exception to the right of public performance.

A Study on the Intellectual Property Rights Protection and Features of Korea.EU FTA (한.EU FTA의 지적재산권 보호와 특징)

  • Kim, Chang-Mo
    • International Commerce and Information Review
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    • v.13 no.3
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    • pp.489-510
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    • 2011
  • Free Trade Agreement (FTA) between the Korea, of the one part, and the EU and its member states, of the other part, has been effective, as of 1 Jul 2011. EU enlarged its members up to 27 countries including Romania and Bulgaria in 2007, and stood up as the second largest trading partner to the Korea right after the China. FTA, generally, shows the several different figures according to the countries concerned on the agreement The EU has long history and cultural, educational assets. In addition to that, the EU also has economical, industrial bases. Therefore, the EU seeks fruitful profits utilizing its intellectual property rights. There are copyrights and related rights, trade marks, geographical indications, designs, and patents, etc. on the Chapter 10. intellectual property rights of the Korea EU FTA. Among them, the others except geographical indications seem to be somewhat the terms advantageous to the Korea. It is possible to ask further requirements to the Korea in the years to come because the EU member countries are very much interested in the practical profits of intellectual property rights. Thus, it would be essential tasks for us to review the intellectual property rights protection and features of the Korea EU FTA.

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사적복제 보상금제 도입 중지 재요청 건의

  • Korea Electronics Association
    • Journal of Korean Electronics
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    • v.13 no.10
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    • pp.4-6
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    • 1993
  • 본고는 전자업계와 전국경제인연합회, 대한상공회의소, 한국무역협회, 중소기업협동조합중앙회 등 전 경제단체들과 공동으로 저작 재산권자들 만을 위해 제도 자체의 많은 문제점을 내포한 사적복제보상금 제도를 추진하는 것은 경제발전은 물론 사회발전에도 역생한다는 점을 들어 동제도 도입을 철회할 것을 요청한 바 있으나, 이를 계속 추진하고 있어 우리 산업계는 물론 전 경제계의 심각한 우려를 가져와 동제도 도입 추진을 즉시 중지하여 줄 것을 관련업계 연명으로 본회에서 상공자원부, 문화체육부, 경제기획원, 재무부, 대통령 비서실, 국무총리 행정조정실 등에 대정부 건의한 내용을 요약한 것임을 밝힌다. (주)

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A Study on the Intellectual property rights for the protection of financial instruments (금융상품의 보호를 위한 지식재산권 연구)

  • You, Hyun-Woo
    • Asia-pacific Journal of Multimedia Services Convergent with Art, Humanities, and Sociology
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    • v.7 no.3
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    • pp.1-9
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    • 2017
  • Financial instruments are economic and intangible assets that bring financial company tremendous economic returns when it is a success. Also, It is necessary to protect this because it is a product of effort made by a lot of human resources and materials. However, legal and institutional devices for financial instruments are insufficient currently and 'copying practices' are rampant throughout the industry in korea. This ultimately inhibits the utility and welfare of consumers, but also adversely affects the competitiveness of the financial industry. In order to finance innovation that new financial products and services have appeared, it is necessary to grant the appropriate rights, such as intellectual property rights of financial instruments. And, there is a need for measures to protect it. Thus, this study proposed new way protecting the financial instruments through Intellectual property right. It is the introduction of similar protection system to financial instruments, such as mechanisms that protect database producers in copyright law.

Design and Implementation of Dynamic Digital Rights Management System Based on Agent (에이전트 기반의 동적 디지털저작권관리 시스템 설계 및 구현)

  • Lee, Yong-Hyo;Hwang, Dae-Jun
    • The KIPS Transactions:PartD
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    • v.8D no.5
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    • pp.613-622
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    • 2001
  • As logistic environment of digital resources is rapidly changing, protection of the intellectual property for digital resources has been recognized as one of important issues. Digital Rights Management (DRM) has taken much interests from ISP, authors and publishers of digital content as an integrated approach to create a reliable environment for access and the use of digital resource. In this paper we proposed a dynamic digital rights management system based on adaptive agent theory (ARPA : Adaptive Resource Protection Agent) to address problems facing contemporary DRM approaches : static rights management problem solving and strengthened monitoring/tracking system. We introduced a dynamic mission control scheme to realize dynamic digital rights management. We incorporated adaptive agent theory to implement on-and off-line tracking and protection. Through the implementation of protype system, the process, the process dynamic digital rights protection will be demonstrated.

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Problems with the Right of Publication by the Copyright Law and Some Innovations - Focusing on the Problems of E-books - (저작권법상 출판권의 문제점과 개선방향 -제전자책(e-book)제의 문제점을 중심으로 -)

  • 김기태
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.12 no.2
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    • pp.85-103
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    • 2001
  • Much attention has been paid to the copyright law revised and proclaimed on July 1, 2000 on the ground that the law embraces digital medium environments. The transmission right added to the economic rights takes into account the fact that limitless cyber space represented by the Internet came to be pervasive. This is based on a lot of exhausting conflicts between those with copyrights and Internet users. The area of publication is badly afflicted in this sense, falling into confusion due to the miscomprehension of differences among the right of publication, the right of transmission and the right of reproduction. The term 'e-book' is not covered by relevant laws despite the widespread use of e-books. In this context, this study is designed to point to the necessity of dealing with the right of publication with the problems of the copyright law emphasized and to ask for the aggressive reflection of the concept of digital publication in the future revision of the copyright law.

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Analysis of Copyright Cases on Archives in National Archives of Korea(NAK) (국가기록원의 소장기록물 저작권 요청 사례 분석)

  • Kim, Joo Yeon;Choi, Jae Hwang
    • Journal of Korean Library and Information Science Society
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    • v.45 no.2
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    • pp.139-157
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    • 2014
  • The National Archives of Korea(NAK) has arranged and operated 'Guidelines on Operating Copyright for Archives' and 'Regulations on Operating Reference Room' to protect the copyright for archives. However, the Guidelines and the Regulations only provide application to the Copyright Act and principles on internal managing copyright without presenting copyright issues for each type of archives. Therefore, additional detailed guidelines have to be arranged for the users to access to copyright issues easily by presenting them the standards of judgement or principles on copyright issues for each type of the archives to facilitate the use of archives collected already. We also need to define the details on Copyright Act and Moral Rights Act to collect archives. This study is an prior analysis for that purpose. Lively discussion and way of operation in an aspect of the copyright in relation to private records should be sought in the future.