• The Journal of the Korea Contents Association
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• v.14 no.3
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• pp.176-185
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• 2014

This study deals with the precedents regarding music works among 'The suits to claim an infringement of copyright' and 'Suits to claim indemnification for damage' that have been filed in Korea up so far in order to establish clear criteria to judge plagiarism based on the ground of legal judgment and judge the similarity of two works that have been in controversy previously. The study has been performed through literature review and also precedents. According to the study result, 'criteria to judge music works on plagiarism' are largely classified into (1) creativity, (2) access, and (3) substantial similarity. It is almost the same to judge creativity and substantial similarity. With the components of music works, say, melody, harmony, and rhythm, comparative analysis is conducted. About creativity, the original composer's song is analyzed with another object to be compared whereas about substantial similarity, two songs in controversy get to be analyzed. Regarding the current criteria to judge creativity, it is needed to set the number of objects to be compared which have been regarded similar. And access has limitations in setting up objective criteria for it. Lastly, we should develop digitized criteria for substantial similarity based on the preliminary review system of the Committee on Performance Ethics in the past.

• Journal of the Korean Society of Costume
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• v.66 no.5
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• pp.33-48
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• 2016

Upon the needs to draw the judicial elements of creativity in the copyrighted character designs, this paper aims to draw and categorize the elements based on the analysis of preceding court decisions. The results are as follows: the form of body, the features in its face and its composition, the overall image, the degree of personification, and aesthetic sensation. These elements reflect formative skills required to portray the intrinsic quality of a character. This paper is of significant interest in that it suggested the legal basis and elements of creativity in character design to professionals in both areas of design and judicial decisions.

• Journal of the Korea Academia-Industrial cooperation Society
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• v.21 no.11
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• pp.291-300
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• 2020

Plagiarism concerns in the melody of popular music are on the rise. Despite these concerns, standards and methods for addressing these issues are lacking. This study is significant in the fact that it is the first case in the media which started as a controversy on plagiarism of popular music and even progressed to Supreme Court ruling. The first and second trial courts declared the existence of infringement of copyright by recognizing that the music in question was substantially alike as a result of comparing and reviewing the melody, rhythm, and harmony. However, the Supreme Court came to a different verdict on the infringement of musical work by reversing and remanding the case to the Seoul High Court. The Supreme Court indicated that even though the music presented in the first trial is a creative work entirely protected under the Copyright Act, expression without creativity is an area that is not protected under the law. Based on this case, this study seeks to compare and analyze the essential characteristics of melody in the judgment of infringement of copyrights in popular music, and factors related to the judgment of practical similarity and the judgment of idioms that are the criteria for judging infringement of musical work.

• The Journal of the Korea Contents Association
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• v.15 no.7
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• pp.93-105
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• 2015

Upon ruling that two photographs of "Solsum(located in Samchuk city)" are not substantially similar, issues on the level of protection for the copyrighted photographs expecially on landscape, which appearance could be similar whoever takes, were raised. Accordingly, this study summarizes and suggests the standards of expression differentiating from idea on photographic works. The results are as such. Elements of expression on photographs are positioning of subject, framing, selection of camera angle, control of light's direction and quantity, length of exposure, speed of shutter, timing or posing of the shutter. kinds of emulsion, methods of development, and any other methods of creative and characteristic photography. On the other hand, elements of ideas of photographic works are theme, concept, feeling, appearance of objects, time or season of taking a picture, vantage point, choice of horizontal or vertical angle, etc. As a result, this study reconfirms that copyright law entitles photographers to copyright as to their minimal degree of creativity, not as to their sweat of brows.

• Journal of Science of Art and Design
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• v.11
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• pp.153-199
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• 2007

The East has recognized 'similar forms' and 'similar spirits' as important topics in expressing an object. Figure painting, in particular, has attached importance to 'transmission of spirit'. Gu Kaizhi (345-406) definitely presented the transmission concept and made it the moot important criterion in painting criticism. By identifying the possibility of revealing spirit through a form, he recognized the 'expression of will' in a creator's work and the experience of such 'expressed will' by an appreciator to be the essential acts of art. Thus, he said, a figure painting revealed the character and nature of the depicted object rather than reproducing its form. Regarding art as a person creating the saintly way of life via developing own character, he attached importance to the will of an artist as the central aesthetic subject. This dissertation explores the keynote of the spirit expressing an artist's inner world and the external shape of a figure. It is carried out by investigating the process of Gu Kaizhi's theory (namely spirit transmission and revelation in painting) leading to Su Dongpo's assertion that "the nature of things" and later leading to Yun Duseo's "theory of the way of painting" as the spirit-transmission theory faithful to the principle of revealing spirit through a form in Chosun. The chronological study of the aforementioned works reveals that the relation between an artist and an object is important at the stage of setting aim in producing a work, and this dissertation analyzed it with four elements: (1) creating work based on the viewpoint of nature that heaven and man are one; (2) reflection of the creator's character (including his/her nature, temperament, spirituality, and emotion during the creation) and the artistic merit of a picture; (3) the dialectic unification between the true and the false through space which is a volitional state as creative thinking space; (4) importance of artist's will above the technique used such that a purposeless, inactive and plain work (where human will is combined with heavenly one) was pursued because the picture is regarded coming from the mind created in the unity of host/artist and guest/object. Thus, through his/her intuitive insight is the world where self is united with the cosmos symbolized. Such expression of an artist's inner world and the external shape of a thing pursues the stage of materialization and creates the new modes such as using space, a variety of brushstrokes, and accidentality and improvisation of India ink. In particular, the writer sees that such expression which enables a creator to express his/her nature or personality (and even the emotion) at the time of creation will be highly worth studying in the future, in accord with the pursuit of contemporary painting being expressed as an abstract aspect.

• Journal of Industrial Convergence
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• v.20 no.11
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• pp.19-25
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• 2022

In the development of existing games, it is judged that virtual world production was done by arranging game elements one by one. What is noteworthy here is the question of whether quality virtual worlds were efficiently produced in preparation for investment. In this study, we propose a methodology that can build an efficient virtual world based on the concept of modularization in an unreal engine. First, precedents were analyzed and five reference elements for modularization were extracted. In addition, the concept of an instance production pipeline was proposed by dividing it into four stages, and the minimum-unit instance modules for urban virtual world production were compressed into four. Finally, an urban virtual world constructed based on the minimum unit module and reference elements was implemented and presented. In conclusion, research on the production method centered on this efficiency is thought to be able to focus the time that designers or artists had to spend on production only on ideas and creativity. The limitations of the research are that the basic minimum module is limited to the city, and the derived reference elements and production pipelines have not been verified when implementing them with an unreal engine. Therefore, it is expected that various virtual world creation plans will be derived through more advanced modular research.

• Archives of design research
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• v.18 no.3 s.61
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• pp.209-218
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• 2005

Consciously or not, producers have to make many aesthetic choices in creative process of video production. If there are general acceptable aesthetic principles to make right choice it would be guideline of aesthetic decision to somewhat reduce mistakes and errors in the process. This paper proposes a theoretical approach on establishing the media aesthetic principle of 3D animation camera working, which is the most suitable for animation production context. We describe the Herbert Zettl's applied media aesthetics related directly to the camera, which is about the two-Dimensional field focusing on aspect radio and forces within the screen, three-dimensional field focusing on depth, volume, and four-dimensional field focusing on time and motion. In order to have theoretical approach we made an analysis on comparing a camera working of movie with 3D computer animation's one, and reconstructed these basic principles to be suited for the 3D animation production. When applied media aesthetics of the traditional camera working are applied to the 3D animation production, it could be an efficient guideline for it. Futhermore, if we develop the research for the relationship with various visual languages with the basis of these principles, the theory of creative picture composition method for the 3D animation production will be logically and systematically established.

• Journal of Korean Classical Literature and Education
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• no.39
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• pp.99-135
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• 2018

This study aims at examining the discussions of Chilgeojiak, meaning seven vices that can be valid causes of divorce, and the discourse on a married couple shown in the deposal of Empress Kwak in Okhwangibong. The study first analyzes the relationship between the incidents of expelling wives from homes in the Joseon Dynasty Era and the seven vices. The divorce of Yi Mi and Shin Taeyeong and the deposal of Queen Yun by King Seongjong show that the standards of judgement in most of the seven vices are unclear or controversial. In Okhwangibong, the arguments about Chilgeojiak are examined through the form of a novel with the expulsion of Empress Kwak. Empress Kwak was deposed by her husband, Emperor Kwangmu, due to jealousy and evil deeds. However, she was devoted to her parents-in-law, bore sons, and above all, she was the emperor's first wife and had gone through hard times and supported her husband. Considering these circumstances, her deposal is not quite agreeable. Readers have the same question, and this has become a cause of the creation of a series. The reasons for Empress Kwak's jealousy lie in Okhwan-a jade ring, the existence of Empress Eum, and the partial love of Emperor Kwangmu. That is, it is not Empress Kwak's fault. Additionally, unrealistic elements involved in Empress Kwak's evil deeds and the story structure focused on her work as factors that make readers support Empress Kwak. Therefore, Okhwangibong displays the realities regarding the discourse of husbands and wives of the era rather than the love in Okhwan, the jade ring, between Emperor Kwangmu and Empress Eum. Such understanding continues to exist in the following series and is a valid problem in the present time.