• Title/Summary/Keyword: 2차적 저작물작성권

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The establishment of the secondary copyright according to the production method of the 3D stereoscopic video content and the attribution (3D입체영상 콘텐츠의 제작방법에 따른 2차적 저작권 성립 여부와 귀속에 관한 연구)

  • Lee, Sung-Gil;Kim, Gwang-Ho;Kim, Joon-Gi
    • Journal of Digital Contents Society
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    • v.15 no.2
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    • pp.237-250
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    • 2014
  • In this paper, the research problem (1) 2D to 3D stereoscopic images to create the work, the stereoscopic 3D production work in accordance with the method works independently of the 2D image derivatives can be recognized as whether the rights were discussed. (2) In addition, 3D imaging work has to be recognized as a derivatives, the copyright belongs create derivatives and about the rights of attribution investigated.

Legal Problem on the Clipping of the Photographic Works in the Social Media (소셜미디어에서의 사진저작물 스크랩에 관한 법률문제)

  • Jang, Yeon-Yi;Kim, Hee-Kweon
    • The Journal of the Korea Contents Association
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    • v.11 no.10
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    • pp.242-256
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    • 2011
  • The activity to share personal daily life through social media is becoming more common. In this case, photographs as well as text are used a lot; it has been as easy as winking to clip others' photographs just as it's very easy to take and post pictures. If the picture is the photographic work protected by the copyright law, however, the clipping should be paid close attention. If you use others' photographic works without authorization, you infringe their copyright; if you post them on your social media such as blog, you infringe the right of reproduction, interactive transmission and exhibition. Even though the clipping is permitted, if you'd like to use the photographic works for a profit-making purpose, you should get additional authorization. Others' photographic works are occasionally altered and used for the purpose of avoiding the argument in relation to the infringement of copyright; this act means that it's the infringement of the right of reproduction, the right to preserve the integrity and the right of the production of derivative works for degrees of alteration. We can download others' photographic works with a few mouse clicks thanks to the technology of capturing the screen; we have to recognize that all the acts technically possible are not always legal.

The Meaning of Parody and the Freedom of Expression (패러디의 의미와 표현의 자유)

  • Jang, Yeon-Yi;Kim, Hee-Kweon
    • Journal of Digital Contents Society
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    • v.18 no.7
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    • pp.1333-1339
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    • 2017
  • Parody is credited for one of the forms of artistic presentation, and the utilization has been increasing day by day. However, there is no clear regulation in legislation or case. Parody is usually made without authorization to exploit of original author, so there is a lot of controversy over its infringement of copyright. Constitutional Law guarantees the freedom of expression and that of art, but it protects the author's right as well. So it is important how settle the collision of fundamental rights. It is expected the development of a variety of discussion on parody from the views of the basic value the Constitution pursues and the improvement and development of the culture that is the purpose of Copyright Act.

A Study on Improvements on Legal Structure on Security of National Research and Development Projects (과학기술 및 학술 연구보고서 서비스 제공을 위한 국가연구개발사업 관련 법령 입법론 -저작권법상 공공저작물의 자유이용 제도와 연계를 중심으로-)

  • Kang, Sun Joon;Won, Yoo Hyung;Choi, San;Kim, Jun Huck;Kim, Seul Ki
    • Proceedings of the Korea Technology Innovation Society Conference
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    • 2015.05a
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    • pp.545-570
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    • 2015
  • Korea is among the ten countries with the largest R&D budget and the highest R&D investment-to-GDP ratio, yet the subject of security and protection of R&D results remains relatively unexplored in the country. Countries have implemented in their legal systems measures to properly protect cutting-edge industrial technologies that would adversely affect national security and economy if leaked to other countries. While Korea has a generally stable legal framework as provided in the Regulation on the National R&D Program Management (the "Regulation") and the Act on Industrial Technology Protection, many difficulties follow in practice when determining details on security management and obligations and setting standards in carrying out national R&D projects. This paper proposes to modify and improve security level classification standards in the Regulation. The Regulation provides a dual security level decision-making system for R&D projects: the security level can be determined either by researcher or by the central agency in charge of the project. Unification of such a dual system can avoid unnecessary confusions. To prevent a leakage, it is crucial that research projects be carried out in compliance with their assigned security levels and standards and results be effectively managed. The paper examines from a practitioner's perspective relevant legal provisions on leakage of confidential R&D projects, infringement, injunction, punishment, attempt and conspiracy, dual liability, duty of report to the National Intelligence Service (the "NIS") of security management process and other security issues arising from national R&D projects, and manual drafting in case of a breach. The paper recommends to train security and technological experts such as industrial security experts to properly amend laws on security level classification standards and relevant technological contents. A quarterly policy development committee must also be set up by the NIS in cooperation with relevant organizations. The committee shall provide a project management manual that provides step-by-step guidance for organizations that carry out national R&D projects as a preventive measure against possible leakage. In the short term, the NIS National Industrial Security Center's duties should be expanded to incorporate national R&D projects' security. In the long term, a security task force must be set up to protect, support and manage the projects whose responsibilities should include research, policy development, PR and training of security-related issues. Through these means, a social consensus must be reached on the need for protecting national R&D projects. The most efficient way to implement these measures is to facilitate security training programs and meetings that provide opportunities for communication among industrial security experts and researchers. Furthermore, the Regulation's security provisions must be examined and improved.

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