• Title/Summary/Keyword: Limitation to the Right of Public Performance

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A Study on the Limitation on the Right of Public Performance in the Individual Watching Cinematographic Works in Public Libraries (공공도서관 영상저작물 관내열람의 공연권 제한에 관한 연구)

  • Joung, Kyoung-Hee
    • Journal of the Korean Society for Library and Information Science
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    • v.46 no.3
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    • pp.133-155
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    • 2012
  • Article 29 in the copyright law of Korea, public performance and broadcasting for non-profit purposes will be revised. The copyright agency has tried to impose copyright fees on the use of cinematographic works such as DVDs in public libraries. The paper studied that the individual watching cinematographic works in public libraries is included in the concept of public performance in the copyright law. Also, the study conducted a survey on the situation of use of cinematographic works in public libraries. As a result of the study, watching DVDs in facilities for 1~3 persons in public libraries could be included in the concept of public performance. But the main purpose of most of DVD users was for circulation or reading. The library service for individual DVD watching will therefore not affect the commercial income of the copyright holders. Finally the study suggested that if the service for the individual watching of cinematographic works in libraries is included in the concept of public performance, the copyright law needs to be revised so that the service is included in the exception to the right of public performance.

A Study on Limitation of Public Performance Right for Library Service (도서관에서의 공연권 제한에 관한 연구)

  • Lee, Ho-Sin
    • Journal of the Korean Society for Library and Information Science
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    • v.47 no.1
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    • pp.249-268
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    • 2013
  • Public Performance in Copyright Law is a wider concept, which people generally think. It includes the presentation of a work to the public by acting, musical playing, singing, narrating as well as even the act of mechanical playing phonogram and cinematographic work. Article 29 in Korean Copyright Act is the restriction of an author's public performance right. It shall be permissible to perform publicly or broadcast a work already made public for nonprofit purposes and without charging any fees to audience, spectators, or third parties, provided that the performers concerned are not paid any remuneration for such performances. Commercial phonograms or cinematographic works may be played back for the public, if no fee is charged to the audience or spectators, except in cases as set forth by Presidential Decree. In recent year, public performance in libraries became a major issue of the Copyright Law. It is a claim that watching cinematographic works in libraries is one of the act that should apply public performance right, thus to use commercial cinematographic works before six months, which was published, need permission to copyright owners. But this claim is unfair because it can make impossible normal library service. Thus there is a need to revise the Copyright Law to understand the difference between act of viewing and public performance in libraries.

A Study on the Legitimacy on the Copyright-Using Charge Regulations for the Performing Cinematographic Works in Public Libraries (공공도서관의 영상저작물 공연에 대한 저작권료 징수 규정의 타당성 고찰)

  • Joung, Kyoung Hee
    • Journal of Korean Library and Information Science Society
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    • v.44 no.4
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    • pp.343-365
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    • 2013
  • This study analyzed the legitimacy issues of the current regulation for the copyright-using charge and the plans to revise the regulation for the performing the cinematographic works in the public libraries. Also, this study investigated the current situation of the performing the cinematographic works and the size of auditoriums in the 84 public libraries in Gyeonggi province with information on the library websites from February 2012 to January 2013. As a result, this study suggested that yearly charging for the performing the cinematographic works to the less than 6 months after publishing will be suitable than the current monthly charging. Also, this study suggested that the copyright agency for cinematographic works should increase the number of copyright works received in trust.

A Legal & Institutional Supporting on Local Broadcast Development - Syntactic Approach about Special Act on the Development of Local Broadcasting (지역방송발전을 위한 법적·제도적 지원방안 -지역방송 발전지원 특별법의 성과와 한계를 중심으로)

  • Kang, Chul-Soo;Kim, Dug-Mo
    • Journal of Digital Convergence
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    • v.15 no.1
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    • pp.45-52
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    • 2017
  • According to the change in media environment, a support plan for local broadcast has been required. In terms of legal and institutional support for the development of local broadcast, the enactment of special Act for local broadcast has become a breakthrough. In this point of view, we analyzed the performance and the limitation of the special Act. As a literature research, analyzing the literature and related-ordinances, we have sought legal and institutional support plans for the local broadcast. As a result, with the Local Broadcast Development Council being in charge of legislative right and responsibility, a plan to empower them to have legal and institutional authority should be drawn; another plan to secure independence in operating a fund and to promote the capability to produce local broadcast programs and the distribution system should be drawn; the other elaborate plan for the locality index that assesses the locality is required. Local broadcast should be on a way to secure not only public interest and concern but locality and diversity; legal and institutional plans should be sought.