• Journal of the Korean Society for information Management
• /
• v.31 no.4
• /
• pp.179-200
• /
• 2014

This study investigated the present situation of the use of cinematographic works and the problems of copyright. Surveys were conducted in public and university libraries for these. Also, content analyses were conducted to make sense of copyright problems in libraries. As a result, this study found that problems of copyright had occurred in various aspects related to public performance, lending, digitization and internet services according to the diversity of facilities for watching cinematographic works and library services. Also, the librarians' questions to the copyright were very various from the primary level to specific level. This study suggested that regular courses of study in library schools need to be opened to primitive understanding to copyright law and occupational training programs for librarians need to be opened to complementary education as revisions of copyright law. This study also suggested that the online Q&A services need to be started for librarians who have detailed copyright problems.

• Journal of Arbitration Studies
• /
• v.21 no.2
• /
• pp.85-112
• /
• 2011

These days utilization of copyright in daily life and economic activities is becoming more important than ever, and IT technology is developing day by day. Along with those fact, copyright infringement and dispute is naturally increasing. This thesis dealt with the 3 different issues of ADR on copyright. The First part, introduce ADR system that was performed by Korea Copyright Committee according to Copyright law. This paper evaluate the committee's efforts to provide resolution of copyright disputes via conciliation was effective. So it needs to be look over several countries' ADR, beside conventional judicial remedy. And Korea's copyright conciliation system which is successfully operating also introduced. Second, In many countries, including South Korea are take advantage of conciliation as the way to settle down the dispute over copyright. Furthermore, looked over if we can use arbitration as tool to settle dispute or not. Currently in Korea, patent dispute is handled by Industrial Property Dispute Conciliation Committee(The Invention Promotion Act Ch.5) and Layout-design Review and Mediation Committee(The Act on the Layout-designs of Semiconductor Integrated Circuits Art.29-34), but using performance of those two committee is still too low. In comparison, the copyright committee, a affiliation organization of the ministry of culture, sports and tourism has much more result in conciliation compare with patent dispute. Copyright disputes has arbitrability of it's subject-matter and many regulating organs are interested in it. (especially, binding of arbitral award and final resolution). Take advantage of both conciliation and arbitration could be good way to resolve copyright disputes. Third, the writer look at the proposal on the creation of Northeast Regional Center for Intellectual Property ADR. Because of the nature of copyright and rapid development of internet technology, international use of work become more frequent and accordingly infringement cases are increasing. The role of commercial arbitration regimes and institutions which has progressed significantly worldwide level, but which has only just begun in the intellectual property ADR area, leads also to a clash of often very different legal cultures and protection in a market economy. International cooperation in regional area with conflict interests becomes an important alternative. But it will depend on the building of regional institutions and mechanisms. The feasibility of this proposal and preconditions were examined. Establishment of new international organization requires a lot of time, cost and efforts. And risk of failure is much too high. Therefore factual, statistical review should be preceded. In addition, technical measures, such as on-line arbitration is necessary to review also. Furthermore in order to establish new organization, the relative law, legal environment, public sentiment and international compliance must be carefully considered with factual review about the needs and economic benefits of each country Yet on complex regulatory matters such as IP and ADR, a great deal of the potential benefits from international standards arises not from the international legal framework nor even the formal content of national legislation, but from the informed and effective use made of the possibilities within the system, including by policymakers and regulators.

• International Journal of Costume and Fashion
• /
• v.16 no.1
• /
• pp.1-16
• /
• 2016

The purpose of this study was to explore fashion design and merchandising students' perception of creativity and the copyright protection of apparel design. A survey with open-ended questions was developed and distributed to a total of 100 fashion major students with specializations in apparel design and merchandising from three different universities located in a northwestern state of the United States. A majority of respondents showed their awareness that copying apparel design is ethically wrong and counterfeiting is legally wrong. They were able to distinguish between copying and interpreting and were aware that incorporating limited elements from inspirations was ethically acceptable. However, many of the students look for design inspiration from secondary sources, such as existing designers' works which they observe over the Internet, magazines, fashion shows, and store shopping, which may pose them to the temptation to copy such ideas. Although fashion copyright protection law has yet to become enacted, a majority of respondents support passage of fashion copyright protection law. The results give support to the needs for addressing the creative problem-solving processes and ethical decision-making jointly within apparel design and merchandising curriculum.

• Archives of design research
• /
• v.16 no.3
• /
• pp.133-142
• /
• 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.

• Journal of Information Management
• /
• v.33 no.4
• /
• pp.57-84
• /
• 2002

Digital library in knowledge-information-based society of the 21st century should develop legally various digital information resources in order to provide information services to users. This study analyzes and examines in detail the related provisions of copyright law relating to the development of digital information resources(digitalized works, electronic books, electronic journals, electronic reserve materials etc.). This study also points out the problems of the current Copyright Act and proposed Copyright Act of Korea. And it suggests necessary measures and improved plans to promote the development of digital information resources.

• Journal of the Korean Society for information Management
• /
• v.30 no.3
• /
• pp.317-335
• /
• 2013

Cinematographic works are crucial for libraries as a part of their collections. Especially public libraries provide a variety of programs associated with cinematographic works. Copyright law considers the use of cinematographic works as a type of public performance and restricted it under certain conditions such as the released date. In addition, copyright agency challenged libraries to pay fees for cinematographic works released within 6 months. At this point, this study investigated the perception of librarians on cinematographic works and copyright issues. 292 librarians in public and academic libraries answers the questionnaire form May 8th to June 7th, 2013. In result, librarians consider services of video works as a important part of library services. They are also conscious of the exception conditions for copyright law for cinematographic works provided by library services. Furthermore, even though librarians are aware of copyright issues, they show the negative response to copyright fees for playing cinematographic works in the libraries.

• Journal of Digital Convergence
• /
• v.2 no.1
• /
• pp.93-112
• /
• 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 the Korea Convergence Society
• /
• v.9 no.1
• /
• pp.303-308
• /
• 2018

In copyright rights of the digital image, copyright holders need to protect copyrights and improve the improvement of copyright laws through accurate understanding of copyright laws, and also to improve the effectiveness of copyright rights of copyright holders and the effectiveness of users' rights. First of all, the scope of the study is based on the case of recognition of the scope of the identity of the same scope and the copyright on the copyright law of the digital image, and the application of the image of the image of the image-writing image and the use of image artifacts based on the image copyright classification system suitable for the user's application.

• Journal of the Korea Society of Computer and Information
• /
• v.22 no.5
• /
• pp.41-49
• /
• 2017

Digital works such as computer programs, music, photographs, movies and dramas are copyrighted. Even if there were more than 1,000 violations per year for digital works, the punishment was very weak. Especially copyright infringement by teenager is increasing. This study aims to present the direction of future development through questionnaires on the perception and direction of college students about copyright. 157 college students were surveyed about copyright awareness, perception of detailed legal provisions, cost of monthly expenses, copyright violation, and direction of copyright protection. As a result of the questionnaire survey, awareness was high at 69%, but in detailed law was low at 17.2% and 22.3%. In the future direction of copyright policy, 72.6% of them answered that they should be "strengthened" and "more and more strengthened". In order to protect copyrights, enforcement of crackdowns, public relations activities, expansion of the legal market, and technical protection should be done. In order to do this, copyright-related education for elementary, middle, high school and college students are needed more and it is necessary to expand the legal market where high quality contents are traded. More research is needed on copyright protection technological methods.

• Journal of the Korean Society for Library and Information Science
• /
• v.46 no.3
• /
• pp.133-155
• /
• 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.