• Title/Summary/Keyword: Advertising Copyright

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A Study on the Copyright Infringement of Parody Advertising -Focus on the Precedent of U.S.A copyright infringement- (패러디 장고의 저작권 해석에 관한 고찰 -미국저작권법의 판례를 중심으로-)

  • 김규철;김인철
    • Archives of design research
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    • v.16 no.3
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    • pp.133-142
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    • 2003
  • This study on parody and especially parody in advertising, deals with the basic concepts of parody in advertising, as well as copyright infringement issues highlighting the different legal interpretations in American and Korean law when dealing with indiscreet cases of parody in advertising. some suggestions are made on desirable and forword-looking solutions. Different to the acceptance of parody in the American culture, Korean law was limiting in allowing parody to be used and applied. In order to solve copyright issues concerning parody, the following points need to be addressed and analyzed; ·First, plagiarism, imitation, and the dear outline of deliberation standards about parody. ·Second, the expansion of the deliberation body aid explicit application of deliberation standards. ·Third, the trying for self-improvement of the advertising industry itself. ·Fourth, the development and advancement of consumer monitoring. ·Firth, the review of judicial precedents along with tile vocalization of the advertising industry's ideas and concepts on the matter.

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A Study of the Legal Principles in the Judicial Precedents of the Copyright Relating to Advertising Focusing on the Photographic Works (광고 관련 저작권 판례에 나타난 법리의 특성: 사진 저작물을 중심으로)

  • Cho, Jae-Yung
    • Journal of the Korea Academia-Industrial cooperation Society
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    • v.16 no.7
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    • pp.4424-4431
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    • 2015
  • The purpose of the study is to analyze the judicial precedents of the copyright relating to advertising focusing on the photographic works and find the characteristics of the legal principles of the copyright infringement or no. As the results of the analyses of the exact 6 precedents, the creativity of the works was the main issue of the judgment of the copyright infringement or no, comparing that 'on the basis' and 'practical similarity' were mainly applied the judgment. It is implied that the photographic works depending on the technologies are more difficult to prove their creativity, and the simple photo of the product itself without or lack of the photographer's creative effort and labor is not acknowledged as a copyrighted work in advertising area.

A Study of Fair Use of Parody and Copyright Judgement in TV Advertising (영상광고에 나타난 패러디의 공정이용과 저작권에 관한 연구)

  • 이은종
    • Archives of design research
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    • v.17 no.3
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    • pp.363-372
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    • 2004
  • Lannon(1994) asserted, 'Today consumer market has reached its maturity, and products gets more and more similar. So brands should be distinguished from competitors by emotional values.' Parody ads, one of advertisements appealing to emotion, would distort some original work well known to the public with its blemish or seriousness on target by imitating or exaggerating it regardless of expression styles, and announce the results to criticize the work itself or social situations or excite laughter. Such parody ads are stimulating consumers' emotion in particular and diverse methods. But This study on parody and especially parody in advertising, deals with the basic concepts of parody in advertising, as well as copyright infringement issues highlighting the different legal interpretations in American and Korean law when dealing with indiscreet cases of parody in advertising. some suggestions are made on desirable and forword-looking solutions. Different to the acceptance of parody in the American culture, Korean law was limiting in allowing parody to be used and applied.

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Revising the Korean Newspaper Advertising Code of Ethics: An Empirical Investigation Leveraging Expert Interviews and Analytic Hierarchy Process (AHP) Surveys

  • Yoo, Seung-Chul;Kang, Seung-Mi
    • International Journal of Internet, Broadcasting and Communication
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    • v.15 no.3
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    • pp.135-148
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    • 2023
  • The Code of Ethics for Newspaper Advertising in Korea, first implemented in 1976 and subsequently revised in 1976, 1996, and 2021, is a critical regulatory instrument for the country's advertising sector. However, the specialized domain of "advertising ethics," particularly the "code of advertising ethics," remains under-explored. This research addresses this scholarly gap, providing an empirical analysis of the 2021 amendment's revision trajectory. This study employs a robust methodological approach, integrating expert interviews and small-group AHP-based surveys. This approach allows for a comprehensive understanding of the revision needs, referencing existing ethical codes studies, and comparing similar ethics codes nationally and internationally. The research further investigates key challenges such as personal data protection and copyright issues in the rapidly evolving digital media landscape, while preserving the existing code's inherent value. The findings are expected to significantly contribute to the emerging field of advertising ethics in Korea, offering practical implications for future code revisions.

A Study on the Current Status and Improvement of Advertising on the Copyright Infringement Websites (저작권 침해 웹사이트 내 광고 현황과 개선방안에 관한 연구)

  • Hwang, Jang-Sun;Kim, Woon-Han;Ji, Won-Bae
    • The Journal of the Convergence on Culture Technology
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    • v.6 no.3
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    • pp.83-90
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    • 2020
  • Recently, a growing number of copyright infringement websites have illegally copied and posted works such as broadcasting, movies and music, and posted advertisements to make profits. The research is aimed at finding solutions by analyzing the current status of advertisements on copyright infringement websites. The results of this study are as follows. First of all, there are many advertisements harmful to teenagers, such as casinos, betting, games, adult products, and adult meeting, which is necessary to deal with. Secondly, there were many unethical advertisements on copyright infringement websites, but there were also many advertisements from famous companies. Advertisements from large companies and famous brands are also being executed continuously, which can create trust in illegal sites. Therefore, the government, advertisers, citizens, and academia should participate in a campaign to root out the use of illegal websites because it is impossible to eradicate them by crackdown alone. In this paper, we pointed out the practical problems of advertising execution, the main source of revenue for copyright infringement websites, and presented a comprehensive solution.

A Study of the risk and reward structure in the copyright contract between terrestrial broadcasting and production company (방송사와 외주제작사간 저작권계약에 나타난 위험과 보상구조 연구)

  • Lee, Chi Hyung
    • Journal of Digital Convergence
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    • v.11 no.10
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    • pp.71-77
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    • 2013
  • Broadcaster and production studio inevitably take the risk in Korea because the outsourced drama is contracted before produced. However, it is important for both parties to share risk and reward. This study seeks to assess the fairness of the copyright contract between broadcaster and production studio by examining whether they both have the balanced risk and reward structure. For the study, revenue and cost elements with their amounts are identified, which come from TV commercials, oversea sales, the secondary windows, sponsorship, and product placement. Next, the revenue and COGS (Cost of goods sold) of broadcaster and studio are estimated for both cases of when drama becomes successful or not. The analysis reveals that the current copyright agreement allows broadcaster hold low risk but high reward whilst production studio takes high risk low reward. However, the result doesn't imply that government intervention is justified because demand and supply determine the negotiation power in a free economy.

Digital Contents Application using Intelligence (지능을 이용한 디지털 콘텐츠 응용)

  • Kim, Man-Ki;Hong, You-Sik
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.9 no.2
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    • pp.65-71
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    • 2009
  • The end of the 1990s due to the rapid development of Internet communications and two-way communication advertising, public relations, online music, video, movies, e-Book, and distribution of digital content is actively underway. The combination of Internet and TV, as well as born of IPTV and interactive digital content industry's future has become a key industry. However, these two-way communication that illegal adult sites, illegal Bulletin, illegal Ads, PR, shopping mall, illegal music copying, video replication, such as negative due to the emergence of IPTV and is always around us and should be recognized. For example, on the Internet, which has been operating in the ocean sounds from the music copyright issue, the prosecution decided to prosecute because of the digital cultural content, copyright issues has become an important issue. Status and issues of this paper to learn the digital content, using intelligence to solve these problems, two-way communication advertising, public relations and practice of digital content, practices and courses of students vulnerable to offers for the analysis simulation.

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A Study on the Classification Model of Overseas Infringing Websites based on Web Hierarchy Similarity Analysis using GNN (GNN을 이용한 웹사이트 Hierarchy 유사도 분석 기반 해외 침해 사이트 분류 모델 연구)

  • Ju-hyeon Seo;Sun-mo Yoo;Jong-hwa Park;Jin-joo Park;Tae-jin Lee
    • Convergence Security Journal
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    • v.23 no.2
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    • pp.47-54
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    • 2023
  • The global popularity of K-content(Korean Wave) has led to a continuous increase in copyright infringement cases involving domestic works, not only within the country but also overseas. In response to this trend, there is active research on technologies for detecting illegal distribution sites of domestic copyrighted materials, with recent studies utilizing the characteristics of domestic illegal distribution sites that often include a significant number of advertising banners. However, the application of detection techniques similar to those used domestically is limited for overseas illegal distribution sites. These sites may not include advertising banners or may have significantly fewer ads compared to domestic sites, making the application of detection technologies used domestically challenging. In this study, we propose a detection technique based on the similarity comparison of links and text trees, leveraging the characteristic of including illegal sharing posts and images of copyrighted materials in a similar hierarchical structure. Additionally, to accurately compare the similarity of large-scale trees composed of a massive number of links, we utilize Graph Neural Network (GNN). The experiments conducted in this study demonstrated a high accuracy rate of over 95% in classifying regular sites and sites involved in the illegal distribution of copyrighted materials. Applying this algorithm to automate the detection of illegal distribution sites is expected to enable swift responses to copyright infringements.

Study on Preventing Copyrights Infringement through Blocking Advertisements of Illegal Copyrighted Websites (불법 저작물 사이트의 광고 차단을 통한 저작권 침해 방지 연구 - 자금 추적 기반 방식을 중심으로)

  • Shin, Myeong-Seob;Yong, Mi-Ran;Lee, Yeong-Ju
    • The Journal of the Korea Contents Association
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    • v.20 no.7
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    • pp.331-341
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    • 2020
  • Recently the government has succeeded in shutting down the Illegal Copyrighted Websites by cracking down on the operators of the websites. But this only caused 'the Balloon Effect', similar websites were created and users shifted to the new websites. 'Follow the money' is drawing attention as a way to complement the effect of policies. It tracks the commercialization scheme and fund flows of the Illegal Copyrighted Websites and blocks the supply and publication of advertisements, which are the main source of revenue. This approach aims at self-closure of Illegal websites by blocking the revenue source. In this study, we have selected and analyzed overseas cases that adopted these measures. Many countries had different policies and campaigns, but three things are common: non-punishment measures, partnership based on voluntary participation, pursuing a variety of purposes other than protecting the copyright industry. In Korea, the reason public-private Partnerships was not properly established had been caused by the difference of views between them. Advertisers and agencies need to expand their awareness that illegal advertisements can have adverse effects such as brand image damage and enormous economic losses. Also campaigns and conferences related with the policy should be held to prevent copyright infringement through mutual understanding and cooperation.

Image Watermarking for Copyright Protection of Images on Shopping Mall (쇼핑몰 이미지 저작권보호를 위한 영상 워터마킹)

  • Bae, Kyoung-Yul
    • Journal of Intelligence and Information Systems
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    • v.19 no.4
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    • pp.147-157
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    • 2013
  • With the advent of the digital environment that can be accessed anytime, anywhere with the introduction of high-speed network, the free distribution and use of digital content were made possible. Ironically this environment is raising a variety of copyright infringement, and product images used in the online shopping mall are pirated frequently. There are many controversial issues whether shopping mall images are creative works or not. According to Supreme Court's decision in 2001, to ad pictures taken with ham products is simply a clone of the appearance of objects to deliver nothing but the decision was not only creative expression. But for the photographer's losses recognized in the advertising photo shoot takes the typical cost was estimated damages. According to Seoul District Court precedents in 2003, if there are the photographer's personality and creativity in the selection of the subject, the composition of the set, the direction and amount of light control, set the angle of the camera, shutter speed, shutter chance, other shooting methods for capturing, developing and printing process, the works should be protected by copyright law by the Court's sentence. In order to receive copyright protection of the shopping mall images by the law, it is simply not to convey the status of the product, the photographer's personality and creativity can be recognized that it requires effort. Accordingly, the cost of making the mall image increases, and the necessity for copyright protection becomes higher. The product images of the online shopping mall have a very unique configuration unlike the general pictures such as portraits and landscape photos and, therefore, the general image watermarking technique can not satisfy the requirements of the image watermarking. Because background of product images commonly used in shopping malls is white or black, or gray scale (gradient) color, it is difficult to utilize the space to embed a watermark and the area is very sensitive even a slight change. In this paper, the characteristics of images used in shopping malls are analyzed and a watermarking technology which is suitable to the shopping mall images is proposed. The proposed image watermarking technology divide a product image into smaller blocks, and the corresponding blocks are transformed by DCT (Discrete Cosine Transform), and then the watermark information was inserted into images using quantization of DCT coefficients. Because uniform treatment of the DCT coefficients for quantization cause visual blocking artifacts, the proposed algorithm used weighted mask which quantizes finely the coefficients located block boundaries and coarsely the coefficients located center area of the block. This mask improves subjective visual quality as well as the objective quality of the images. In addition, in order to improve the safety of the algorithm, the blocks which is embedded the watermark are randomly selected and the turbo code is used to reduce the BER when extracting the watermark. The PSNR(Peak Signal to Noise Ratio) of the shopping mall image watermarked by the proposed algorithm is 40.7~48.5[dB] and BER(Bit Error Rate) after JPEG with QF = 70 is 0. This means the watermarked image is high quality and the algorithm is robust to JPEG compression that is used generally at the online shopping malls. Also, for 40% change in size and 40 degrees of rotation, the BER is 0. In general, the shopping malls are used compressed images with QF which is higher than 90. Because the pirated image is used to replicate from original image, the proposed algorithm can identify the copyright infringement in the most cases. As shown the experimental results, the proposed algorithm is suitable to the shopping mall images with simple background. However, the future study should be carried out to enhance the robustness of the proposed algorithm because the robustness loss is occurred after mask process.