• Title/Summary/Keyword: Legal Principles of the Copyright

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A Study of the Possibility of Legal Protection of Fashion Designs under the Copyright Law - Based on the Review of the Requisites of Works of Authorship and their types - (패션디자인의 저작권법상 보호 가능성에 대한 고찰 - 저작물의 성립요건과 보호대상 저작물의 유형 검토를 중심으로 -)

  • Cho, Kyeong Sook
    • Journal of the Korean Society of Costume
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    • v.64 no.1
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    • pp.123-135
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    • 2014
  • The author has explored whether legal protection of fashion designs is possible under the current Korean Copyright Act with the purpose of promoting the understanding of the legal principles of the copyright law among fashion professionals. It examined the general provisions of the copyright law as well as the requisites for establishment of "works of authorship" and the types of protection stipulated by the copyright law, which are needed to understand the possibilities of legal protection for fashion designs under the law. It then analyzed several leading cases in the fashion designs sector for the interpretation of related legal principles. The Copyright Act defines "works of authorship" for protection as the creative works that express human ideas or emotions. Works to be legally protected under the law include artistic works that are equipped with the prerequisites for establishment of "works of authorship", or fashion designs that are equipped with the prerequisites for establishment of an independent applied artistic works whose originality is distinguishable from articles.

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.

Copyright issues in building a full-text DB (Full-text DB의 구축과 저작권 문제)

  • 이제환;황혜선
    • Journal of Korean Library and Information Science Society
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    • v.26
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    • pp.169-204
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    • 1997
  • With a rapid digitalization of information media, the philosophy and principles of the traditional copyright laws have been widely challenged. This study explores how we could deal with the copyright issues in such a rapidly changing information environment. In details, this study discusses (1) the basic philosophy and principles of copyright law from both domestic and international perspectives and (2) how the philosophy and principles should be changed to adjust itself into the rapidly changing information environment. In addition, this study identifies the copyright-related problems which might be confronted when the building and use of a full-text DB is attempted. Finally suggested are the legal methods to resolve such problems.

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A Study on Legal Prospects of Digital Collections' Fair Use: Focused on the Article 31 of Copyright Act (도서관 디지털 장서의 공정이용에 관한 법제도적 고찰 - 「저작권법」 제31조를 중심으로 -)

  • Kim, Su-jin;Kim, You-seung
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.26 no.3
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    • pp.151-175
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    • 2015
  • The study aims to discuss on legal prospects of digital collections' fair use through an analysis of treaties and legislations domestic and international. Based on analysis of leading researches and literature, it discusses legal principles of fair use and defines digital collections' concept and types. For understanding the actual legal system on fair use, limitations and exceptions of copyrights which are presented in treaties, such as 'Berne Convention for the Protection of Literary and Artistic Works' and'Copyright Convention', each nation's laws, and judicial precedents. Especially, a legal dispute between 'Technische $Universit{\ddot{a}}t$ Darmstadt' and Eugen Ulmer KG, which debates on library's rights for digitizing their collections without the rightholder's permission, is analyzed. As a result, this study analyzes its implications for the improvement of the existing copyright system in Korea.

Exchange & Cooperation on Inter-Korean Performance Program, and Copyright Law Issues - Focused on Performance-Related Clauses in the North Korean Copyright Act - (남북한 공연프로그램 교류협력과 저작권법상의 문제 - 북한 저작권법상 공연관련 조항을 중심으로 -)

  • Lee, Chan-Do
    • Journal of Korea Entertainment Industry Association
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    • v.13 no.1
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    • pp.11-24
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    • 2019
  • In this article, potential problems in the exchanges and collaboration of South and North Korean performance programs were reviewed focusing on the articles related to performances in the North Korean copyright law. In the North Korean copyright law, there were significant differences from the ordinary rules in the international society or lack of the rules. They are the problems on the bases and principles of North Korean copyright law, unacceptance of copyrightable works against their political system, equal and mutual benefit on the copyright of the South Korean copyrightable works, neighboring copyright and economic right, unlimited protection for moral right, unpreparedness of right protection for online copyrightable works, and so on. On the other hand, the available performance programs to exchange mutually between South and North in the short run include national operas, dramas, musicals, festival events, and so on. However, legal and systematic improvement plans are required on the different copyright rules between South and North to facilitate the exchanges and cooperation. Externally, collaborations are required in the international copyright stage such as collaborative agreements on various international copyright usages, and we should consider the global entrance of performance programs that contain national sentiment and develop mutual trusts through these.