• Journal of the Korean Society of Costume
• /
• v.64 no.1
• /
• pp.123-135
• /
• 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.

• Journal of Korea Game Society
• /
• v.11 no.4
• /
• pp.73-91
• /
• 2011

This paper investigates the possibilities of protecting game developers under the work-for-hire provision of copyright law. Fundamentally, the work-for-hire clause provides the authorship status to companies, not to game developers. Some argue that the clause is especially appropriate in software industries including game industries because they are new and different from typical types of copyright industries. However, game industries are different from software industries as well as typical types of copyright industries in that they have both cultural (artistic) as well as industrial characteristics. Game developers not being provided with the authorship status may be one of the reasons for the disputes related to turnover and knowledge leakage. This paper mainly suggests three kinds of solutions: first, protecting the moral right even in the work-for-hire provision; second, protecting game developers as coauthorship; and third, providing monetary compensation as it is in employee invention.