• Title/Summary/Keyword: works of authorship

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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.

An analysis on the bibliographical description of the Hong-ssi Tok-so-rok(홍씨독서록) (홍씨독서록의 목록기술방식에 대한 고찰)

  • Lee Sang-Yong
    • Journal of the Korean Society for Library and Information Science
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    • v.27
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    • pp.215-228
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    • 1994
  • This study is to analyze the background and circumstances of the bibliographical description method appearing in the Hong-ssi Tok-so-rok, or an annotated classified bibliography of Korean and Chinese books edited for the Hongs and their clan. The conclusions are as follows. Each entries of the bibliography are entered under titles, and generally followed by bibliographic elements of volumes, written age, author's name, functional word of authorship, and annotation. The written age is stated by the dynasty name for the first authors within each classes. However some anonymous works and government compiled works are recorded the king's shrine name or the reign title. Entries of the bibliography are arranged by the chronological order in each classes. The writer's name is generally described by 'surname + given name'. However it is sometimes also recorded in the one of the following forms; Appellation (hao, 호) or posthumous title + surname + given name. Sumame + appellation or posthumous title + given name. Appellation ( (hao, 호) or posthumous title + sumame + Sonsaeng (선행) + given name. Sumame + government position title + given name. Appellation (hao, 호) + surname + cha(자, master). surname + ssi(씨). ect. Married women's names are stated by her husband's surname followed by the Chinese character 부 or 절부 which signifies wife or virtuous women, and then her given name. The works written or compiled by King's order (명찬서) are generally described in the form of 명제신+ functional word of authorship. Names of government agencies are occasionally stated as the authors' for the government publications or government compiled works. The functional words of authorship are described in the phrase of 소작야, 소편야 instead of 저, 찬, ect. It is more noticeable that in the case of the collections of individual writers' works the wording of 지문야, 지시야 is written after the name of the author. More complicated descriptive forms are seen in the entries of works for the shared authorship and mixed responsibility. Two or more than two monographic works of the same author classed in the same class are annotated all together.

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A Study of Authors' Moral Rights Infringements Regarding Cinematographic Works and Other Visual Works (음악·영상저작물의 동일성유지권 침해관련 연구)

  • Kang, Sang-Gu
    • The Journal of the Korea Contents Association
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    • v.21 no.6
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    • pp.228-236
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    • 2021
  • This research investigates the causes of infringements related to authors' moral rights which has most conflict among moral rights of authorship, through analysis of judicial precedents and compare whether there subsists any differences in viewpoints between judicial precedent trend and those on behind the scene of broadcast production. Copyright is divided into intellectual property and moral rights of authorship. Right to the integrity of the work is part of moral rights of authorship and produce one content and used in various media. When the edit is needed to fit the organization and advertisement time, advanced consultation from the rightful owner or written consent is needed. However, under the time pressure or ignorance of copyright, the arbitrary edits are made and content is used. This infringes the right of the integrity of the work. When we produce and use cinematographic works and other audiovisual works, there are considerable variablilies stemming from authorship, production cost and program staff. Therefore, prior conscent is needed to acquire and use the copyright in a proper manner. However, due to production-oriented environment and low understanding of the copyright protection, we usually depend on the users' work practices rhather than insufficiency of copyright laws in dealing with the infringement of right to the industry. In conclusion, we need to provide meticulous work manual and to focus on systematic eduction of professional copyright manpower.

The Study on the Creativity and Legal Status of Directing from Copyright Law Point of View (저작권법의 시각에서 본 연극연출의 창작성과 법적 지위에 관한 연구)

  • Jung, Young Mee
    • Journal of Korean Theatre Studies Association
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    • no.40
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    • pp.401-450
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    • 2010
  • This thesis purposes to suggest that creative stage directors have copyright ownership and we make them create high-quality of theatre direction. Stage directors are sincere creator of the theatre stage today. We have little judicial precedents about stage directors, no artistic examination related directing. Stage directors are performers who have neighboring rights, there is a problem that they won't have the exclusive right of making derivative works in this country. Others will make creation (such as cinemas, animations, novels) based on stage expression without permission, because stage directors don't have exclusive right of making derivative works. Copyright law can't protect the concept of stage directors and building blocks of them which are drama text, actors and theatre space, because copyright law don't protect idea according to idea/expression dichotomy. The expression of stage direction is belong to five fundamentals which are composition, picturization, movement, rhythm, pantomimic dramatization that are come from Dean & Carra's work. Directors' work is to make theatrical works based on literary works. Therefore, theatrical works are derivative works which based on drama texts. Also, theatrical works are able to be joint works. In the case of that stage directors write drama text and create expression on the stage, they have to own authorship of both works. Merger doctrine should not apply theatre directors' works strictly like any other functional works because stage directors usually create noble expression which have been not before. We need shift of the definition of theatrical works which are derivative works or joint works to protect theatre directors' creativity. Hereafter, the special legal section for dramatic(theatrical) works including the flexible legal definition for performing arts should be established, and 'contract form' for stage directors should be made. Acting edition(literary works) should be published to grant creative directors compensation. I emphasize to grant ownership of copyright to creative stage directors, to encourage directors' works. Therefore, copyright law will be the support for development of cultural arts institutionally.

Survival network based Android Authorship Attribution considering overlapping tolerance (중복 허용 범위를 고려한 서바이벌 네트워크 기반 안드로이드 저자 식별)

  • Hwang, Cheol-hun;Shin, Gun-Yoon;Kim, Dong-Wook;Han, Myung-Mook
    • Journal of Internet Computing and Services
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    • v.21 no.6
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    • pp.13-21
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    • 2020
  • The Android author identification study can be interpreted as a method for revealing the source in a narrow range, but if viewed in a wide range, it can be interpreted as a study to gain insight to identify similar works through known works. The problem found in the Android author identification study is that it is an important code on the Android system, but it is difficult to find the important feature of the author due to the meaningless codes. Due to this, legitimate codes or behaviors were also incorrectly defined as malicious codes. To solve this, we introduced the concept of survival network to solve the problem by removing the features found in various Android apps and surviving unique features defined by authors. We conducted an experiment comparing the proposed framework with a previous study. From the results of experiments on 440 authors' identified apps, we obtained a classification accuracy of up to 92.10%, and showed a difference of up to 3.47% from the previous study. It used a small amount of learning data, but because it used unique features without duplicate features for each author, it was considered that there was a difference from previous studies. In addition, even in comparative experiments with previous studies according to the feature definition method, the same accuracy can be shown with a small number of features, and this can be seen that continuously overlapping meaningless features can be managed through the concept of a survival network.

Publication Trends in the Pelvic Parameter Related Literature between 1992 and 2022 : A Bibliometric Review

  • Serdar Yuksel;Emre Ozmen;Alican Baris;Esra Circi;Ozan Beytemur
    • Journal of Korean Neurosurgical Society
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    • v.67 no.1
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    • pp.50-59
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    • 2024
  • Objective : This study aimed to conduct a bibliometric analysis on pelvic parameter related research over the last 30 years, analyzing trends, hotspots, and influential works within this field. Methods : A comprehensive Web of Science database search was performed. The search yielded 3249 results, focusing on articles and reviews published from 1992 to 2022 in English. Data was analyzed using CiteSpace and VOSviewer for keyword, authorship, and citation burst analysis, co-citation analysis, and clustering. Results : The number of publications and citations related to pelvic parameters has increased exponentially over the last 30 years. The USA leads in publication count with 1003 articles. Top publishing journals include the European Spine Journal, Spine, and Journal of Neurosurgery: Spine, with significant contributions by Schwab, Lafage V, and Protoptaltis. The most influential articles were identified using centrality and sigma values, indicating their role as key articles within the field. Research hotspots included spinal deformity, total hip arthroplasty, and sagittal alignment. Conclusion : Interest in pelvic parameter related research has grown significantly over the last three decades, indicating its relevance in modern orthopedics. The most influential works within this field have contributed to our understanding of spinal deformity, pelvic incidence, and their relation to total hip arthroplasty. This study provides a comprehensive overview of the trends and influential research in the field of pelvic parameters.

Protecting Game Developers Under the Works-for-hire Clause of Copyright Law (게임개발자 창작 권리보호 방안에 관한 소고 -저작권법의 업무상저작물제도를 중심으로)

  • Choi, Ji-Sun
    • Journal of Korea Game Society
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    • v.11 no.4
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    • pp.73-91
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    • 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.

Judiciary Elements of Originality in 2D Character Design - Focused on the Precedents of Copyright Infringement - (캐릭터 도안(圖案)의 창작성 판단 기준 - 저작권침해소송 판례를 중심으로 -)

  • Cho, KyeongSook
    • Journal of the Korean Society of Costume
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    • v.66 no.5
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    • pp.33-48
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    • 2016
  • Upon the needs to draw the judicial elements of creativity in the copyrighted character designs, this paper aims to draw and categorize the elements based on the analysis of preceding court decisions. The results are as follows: the form of body, the features in its face and its composition, the overall image, the degree of personification, and aesthetic sensation. These elements reflect formative skills required to portray the intrinsic quality of a character. This paper is of significant interest in that it suggested the legal basis and elements of creativity in character design to professionals in both areas of design and judicial decisions.

An Informetric Analysis on the Notation of East Sea Recorded in Academic Journals ('동해' 표기에 대한 계량적 분석)

  • Han, Jong Yup
    • Journal of the Korean Society for information Management
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    • v.32 no.1
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    • pp.23-41
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    • 2015
  • This study worked on the qualitative analysis about nomenclature East Sea by the record type in researches related to East Sea shown in the scientific journals. Here in this study, the way of marking is classified as three: 'sole notation of East Sea', 'sole notation of Sea of Japan', and 'simultaneous notation of both'. Based on a total of 4,192 selections from Web of Science DB, the analysis was followed up for change in time series by the notation type, notation type according to the nation that authors belong to, difference in research topic, impact factor, collaboration in research, and co-authorship network. The result turned out in this work that the sole notation of Sea of Japan accounted for the largest portion. It also showed that the rates of sole notation of East Sea and simultaneous notation have kept increasing continuously since the 1990s. Hub nations regarding the research of East Sea is five including Japan, Russia, Korea, USA, and China. In the case of sole notation of Sea of Japan, active collaboration studies are performed in USA, Russia, and China with a focus in Japan. In the case of sole notation of East Sea and simultaneous use, the research rate is relatively high in USA and Japan with a focus in Korea. As to the co-authorship network in the sole notation of Sea of Japan, sort of a "giant component" among different groups has been set up and through which the collaborative works are actively underway. However, it was found that the research of sole notation of East Sea is dispersed into small groups on the base of relevant individual institution.

A Study on the Bibliographical Description of the Gyujang-chongmok, or the Annotated Classified Bibliography of Books in Gyujanggak (「규장총목」의 목록기술방식에 대한 연구)

  • Lee, Sang-Yong
    • Journal of the Korean Society for Library and Information Science
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    • v.47 no.2
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    • pp.377-388
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    • 2013
  • This study investigated the method of the bibliographical description of Gyujang-chongmok, or the Annotated Classified Bibliography of Books in Gyujanggak, which was published by Seo Ho-su's in 1781 by the King's command in the Joseon Dynasty. The bibliographical description was examined regarding its title, volume number, written age, name of author, functional word of authorship, and noteworthy examples. However, its great significance in the history of bibliographical description can be found in the fact that Gyujang-chongmok has established entries for annotated works based on the relatively unified method of its bibliographical description.