• Title/Summary/Keyword: Author's moral right

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A Review on the Scope of the Right of Integrity : Focusing on the Case about the Popular Music (저작권법상 동일성유지권의 범위에 관한 검토 : 대중음악에 관한 사례를 중심으로)

  • Park, Da Hyo;Kang, Seung Hee;Jang, Soon ho
    • Journal of Information Technology Services
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    • v.19 no.4
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    • pp.109-124
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    • 2020
  • In 2012, Psy's music video 'Gangnam Style' spread through parodies, and gained explosive popularity. In 2016, there was a case so-called as 'baseball ground cheering song' in which a author(songwriters) claimed an infringement of the 'right of integrity' related to cheering songs used by professional baseball teams. In response, the court denied violating the right of integrity in 2019. These cases have different effects depending on whether or not the 'right of integrity' is claimed. This study attempted an economic analysis in addition to a legal analysis of the right of integrity. Korean copyright law regards even simple changes that go against the author's will as a infringement of the 'right of integrity' even if they do not harm honor or reputation. Such legislation is one of the most strongly protected forms in the world, so it cause many problems. Meanwhile, we analyzed the cost-benefit analysis of Psy's 'Gangnam Style' case and the 'baseball ground cheering song' case. As a result of the analysis, the right to integrity is inefficient in quantitative and qualitative aspects. Therefore, the right of integrity should be reconsidered with the focus on 'popular music'. In particular, considering the development of information communication technology and changes, a revision direction is needed to meet the purpose of the copyright act. Furthermore, in order to solve the legal issues under the Copyright Act, the requirement for infringement of the right of integrity should be relaxed. Then, we proposed the establishment of a proviso clause on the right of integrity.

Collaboration with Stakeholders for Conservation of Contemporary Art

  • Kwon, Hee Hong;Lee, Gi Sun
    • Journal of Conservation Science
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    • v.36 no.1
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    • pp.37-46
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    • 2020
  • It is difficult to predict the kinds of damage to contemporary art because of the diversity of materials and experimental techniques used. This makes it hard to conserve. Furthermore, the artist's intention in contemporary art is emerging as one of the important issues to be handled in conservation treatment. Thus, collaboration with various stakeholders such as the artists themselves, bereaved family members, and foundations have become more important than ever from the viewpoint of planning conservation treatment. The trustworthiness of conservation treatment would be significantly enhanced if conservation treatment reflected the understanding and respect of not only the appearance of the work, but also the social/cultural context inherent in the work. This should be done, in particular, through collaboration with the artists. In this study, various case studies at home and abroad were analyzed as to explore collaboration methods with various stakeholders for objective and trustworthy conservation treatment. Along the way, the study raised the need to establish new conservation ethics for contemporary art. It is expected that the outcomes of the study could be used as basic material to preserve the originality of contemporary artwork and to set the direction for conservation practice.

A Study on some practice issues and main provisions of the international artworks sales contract - Mainly sculptures sales contract - (예술품의 국제매매 계약시 주요 조항과 계약서 작성상 유의점에 관한 소고 - 조형물계약을 중심으로 -)

  • Lim, Sung-Chul
    • Korea Trade Review
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    • v.41 no.4
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    • pp.111-129
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    • 2016
  • In this paper, I reviewed the analysis of possible ICC model of international sale contract terms used in the international artwork trade. Based on this, the provisions proposed considering the specialties of the international artworks trade. The purpose of this research study is to help practitioners draw up a contract of international artworks trade. In Chapter II, I reviewed the highlights of the international sale of goods contract. In Chapter III, I discussed the issues that arise in creating specific provisions on the international artworks trade agreements. In Chapter IV, I discussed the issues in creating the general provisions on the international artworks trade agreements. Quantity provisions of the international artworks sales contract should include the "more or less" clause. And it should also clearly define the scope of the author's property rights transfer in the copyright provisions. Even if a buyer has been assigned the copyright of artworks from the artist, if the buyer modifies the artworks without permission, moral rights can be violated. In addition, even if a buyer has been assigned all of the intellectual property rights of the artists, if the buyer does not have the specific provisions, the buyer must keep in mind that the unauthorized publication of artworks, film production, merchandising, etc, may infringe the right to create derivative works.

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