• Journal of Arbitration Studies
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• v.25 no.1
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• pp.87-105
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• 2015

Intellectual property law is slowly fighting to keep pace with the rapid growth of the fashion industry. Copyright and patent law have proven only minimally effective in fashion, even in the US and other top fashion nations, forcing designers and fashion companies to rely on their trademarks to protect their work. Litigating trademark disputes in the fashion industry presents a host of problems as witnessed in a recent Christian Louboutin case, leading the parties to resort to Alternative Dispute Resolution(ADR) and Online Dispute Resolution(ODR). ADR methods, especially arbitration, are increasingly emerging as substitutes to litigation. Using these methods, the fashion industry (CFDA in the US case) should sincerely consider a self-regulating program in which its members, both fashion designers and corporations alike, can resolve disputes in a manner mutually beneficial to all parties in order to preserve the industry's growth, solidarity, and esteem In particular, for the US fashion industry, the ongoing Innovative Design Protection and Privacy Prevention Act(IDPPPA) anti-counterfeit legislation could have caused a chilling effect against innovation. New designers with no name and less resources who could normally flourish producing inspired-by designs may find themselves subject to copyright infringement legislation since the IDPPPA may expand the protection of established designers and brands with more resources. This fear and its implication could be solved by the fashion industry itself since fashion experts know best how to handle these fast-paced issues arising in the field. Therefore, stakeholders in the fashion industry should commit to protecting innovation within fashion on a long-term basis by establishing a panel handling an ADR process. This can mitigate the uncertainty created by the IDPPPA or any other legislation from elsewhere, which could result in a shying away from experimentation with inspired-by designs.

• 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.

• Journal of Digital Convergence
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• v.2 no.1
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• pp.93-112
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• 2004

A license under UCITA(Uniform Computer Information Transactions Act) which represents the first comprehensive uniform computer information licensing law is not fundamentally rooted in intellectual property law such as patent or copyright law. A license under UCITA is simply a commercial contract, dependent wholly on the parties' ability to enter into a normal, commercial contract, just as a contract of sale or lease is simply and wholly a commercial contract. However, intellectual property rights may be licensed in a contract subject to UCITA. UCITA may not be used to vary or extend informational rights that are intellectual property rights, and expressly recognizes preemption by copyright, patent, or other federal intellectual property law in Section 105(b). Like the law of sales and leases, in general, the right to contract is constrained by principles of unconscionability, good faith and fair dealing, UCITA has an additional restraint, an express power for a court to deny enforcement of a provision in a licensing contract that violates fundamental public policy. This public policy defense is unique in UCITA. An essential purpose of this defense is to give courts some latitude in reconciling commercial licensing law with the principles of intellectual property law. Most intellectual property law is federal, and UCITA expressly recognizes the preemptive effect of that federal law. But the public policy defense gives courts an additional power to consider intellectual property principles purely within the context commercial law.

• Journal of Distribution Science
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• v.20 no.1
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• pp.55-65
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• 2022

Purpose: This article discusses public acceptance in the information distribution of Copyright Law no. 28 of 2014 and Government Regulation No. 56 of 2021 in Indonesia concerning the commercial use of music. Hospitality industry is one of the most affected by this regulations, which some hotelsrefused to comply. To get royalties, LMKN approaches with socialization either directly or indirectly to commercial music users. Research design, data and methodology: Quantitative survey by distributing questionnaires, then testing the validity and reliability tests using the SmartPLS application. The population studied were Hotels on Java and Bali Island in Indonesia. The research sample is 100 hotels. Result: R-Square value of 0.706 for the construct (Y) User Response which means that (X) Socialization can explain the variance (Y) User Response of 70.3%. This shows that the level of influence (X) Socialization has an effect on (Y) User Response. Conclusion: User responses regarding the distribution information of the Act indicate the need for socialization, because socialization provides literacy to the public. More frequent socialization will provide a good opportunity to increase the response of commercial music users.

• Journal of Korean Society of Archives and Records Management
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• v.9 no.2
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• pp.159-188
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• 2009

In the midst of computerization and digitization of the archives, the way of use and the need of users to use the public archives has been changed and expanded. It draws concerned party's attention to the copyrights in the public archives and the protection of the copyrights of the public archives. This study examines the exiting copyright laws in Korea and some foreign countries, interprets the laws, and presents legal implications when the laws are applied to the public archives held in the National Archives of Korea(NAK). The public records are "literary works" and their copyrights are to be protected. Most of the public archives held in the NAK are also "creative works" which are the presentations of thoughts and feelings of the individuals, the records creators in the public agencies. The holder of the copyrights of the archives is not the NAK, but the agency which created the archives, such as the central government and local governments. To promote the use of public archives, we need to expand the public domain in the public records and archives and the fair use of the archives. To do this, I suggest to amend and complement the Copyrights Act, the Pubic Records/Archives Management Act, and the Opening Records in the Public Agencies Act(FOIA in Korea). The establishment of a coordinating body dealing the copyrights in pubic record and archives is strongly recommended. The coordinating body will provide guidelines on protecting copyrights and expand the fair use and the public domain of the public archives.

• Journal of Korean Library and Information Science Society
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• v.40 no.1
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• pp.233-251
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• 2009

The National Library of Korea recently proposed a draft of an Act on Legal Deposit and Use for the Online Digital Products and researches about deposit system and remuneration of the digital products are in progress. Based on the law of library and copyright, remuneration of deposit and use products is paid. A draft of a proposed law include information about the remuneration payment. For these reasons, the method for efficient remuneration management is required. In this paper, we propose effective remuneration management system which follows a draft of an Act on Legal Deposit and Use for the Online Digital Products.

• Journal of the Korean Society for Library and Information Science
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• v.56 no.3
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• pp.73-91
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• 2022

For everyone, books are not only a passage to break down temporal and spatial barriers, but also a passport to the world. However, books are neither a passage nor a passport for persons with print disabilities. They are suffering from a severe book famine, with only 1-7% of alternative materials in accessible formats. The Marrakesh Treaty is an international agreement promoted by the WBU and WIPO to reduce such access gaps and inequalities. Accordingly, this study intensively analyzed and linked the global book famine and the Marrakesh Treaty for the persons with print disabilities including the blind and visually impaired, and suggested strategic tasks and implementation plans to strengthen the services of the disabled in domestic libraries. The government and libraries should concentrate all their competencies on improving awareness, inducing standardization of alternative materials in the publishing industry, amending and supplementing the copyright act and related laws, strengthening the digital file collection and service of the National Library for the disabled, and developing and applying library guidelines to implement the Marrakesh Treaty. This is because if food supports the body of the disabled, reading fosters their spirit. In order to solve the global book famine for persons with print disabilities, it is necessary to improve the publishing industry's cartels, copyright holders' barricades, and the weak platform of the library industry. All copyright holders, publishers, and libraries should participate in reducing the 95% gap in access between non-disabled and disabled people. That is the mantra of the book famine.

• Journal of the Korean Society for information Management
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• v.40 no.3
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• pp.119-142
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• 2023

Copyright is a legal criterion for determining the scope and method of digital library service. Works with expired protection periods correspond to the public domain and can be freely used by anyone. For this reason, it is a priority consideration in digital library construction and services. The purpose of this study is to examine how actively libraries are using expired protected works for digital library services. To this end, the relevant provisions of the Copyright Act applied to the construction and service of digital libraries were first summarized, and the meaning of the copyright protection period was theoretically examined. The current status of online services for expired works by the National Library of Korea was examined, focusing on the works of three Japanese colonial era writers, Kim Yoo-jung, Lee Hyo-seok, and Chae Man-sik, to check the specific service status of expired works. It reveals that the National Library of Korea is not fully utilizing the scope of the law, and that this situation is linked to the rights of other authors included in the book. Based on these results, it suggests that there is a need to change the service unit to focus on copyrighted works and to use authority records to systematize the management of authors' death years.

• Journal of the Korean Society for Library and Information Science
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• v.19
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• pp.23-61
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• 1990

Libraries and information centers are no different from any other institutions in our society. Today, their managers have to make many more decisions which have certain legal implications than before. The ignorance of the law on their parts can not be an acceptable excuse anymore, since. the consequences sometimes maybe quite serious. This paper outlines some important legal issues involved in the services and management of libraries and information centers. They are: constitutional rights on human knowledge activities: library act and it's related laws; censorship and right to know; information access and the protection of privacy: library services and copyright law; labor relations; protections of the people and properties of the institutions, etc. The laws are not static: rather, they change with the social, political and technological environments. The managers, as well as the staff members of libraries and information centers should be constantly updated with the changes in the field, in order to give the maximum service to the clients and to prevent any infringement of the laws, which may discredit their services and the institutions.

• Proceedings of the Korea Contents Association Conference
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• 2012.05a
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• pp.19-20
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• 2012

2012년 3월 15일부터 시작된 한미FTA 개정저작권이 출판과 출판콘텐츠 관련 사업 부분에 어떤 영향을 미치는지 살펴보자. 첫째, 저작권 유지기간이 50년에서 70년으로 바뀌었다. 이는 출판사 및 음반사와 같이 저작물을 상업적으로 유통하는 국내 업체들이 미국에 로열티를 지불할 기간이 20년 더 늘어난 것이므로 로열티 부담이 는 셈이다. 둘째, 배타적발행권의 신설이다. 지금까지 배타적발행권은 종이책 출판과 프로그램에만 해당됐는데, 최근 들어 활발해진 전자책 활성화에 따라 출판권을 전자책까지 인정한다는 의미로 볼 수 있다. 콘텐츠를 다루는 일인으로서 저작권의 개념이 바뀌어야 할 때라고 본다. 나아가 출판콘텐츠를 포함한 문화콘텐츠(음반, 영상, 공연 등) 관련자들에게 미치는 영향도 함께 살펴본다.