A Review of Copyright License Issues and Fair Use in the Broadcasting Field: Focusing on broadcasting monitoring

Yunseok Pak, Siyeol Kim
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Abstract

Disputes related to copyright frequently arise in the broadcasting and OTT services. There are three types of disputes. The first is disputes between broadcasters and collective management organizations regarding trust agreements for phonogram incorperated in audiovisual works. The second issue is related to broadcasting remuneration for using audiovisual works and phonograms in broadcasting, and the last is the the application of broadcasting remuneration claims according to international treaties. Some legislative proposals were announced to solve these problems. However, these proposals also have inherent problems that make them difficult to implement. The broadcasting monitoring system is being introduced as a solution to solve copyright rights issues in broadcasting. It is important to point out that the quantitative criteria for fair use need to expand the fair use of copyrights with the broadcasting monitoring system. It might be observed that if a user is sued based on fair use, the user will bear litigation costs. Therefore, if the copyright license fee is lower than the lawsuit cost, it is advantageous for the users to pay for the use of a very small portion of copyrighted works. With the introduction of the broadcasting monitoring system, particularly when implementing a monitoring system for literary works, it is necessary that fair use has to be distinguished from licensed uses of copyright works, and a substantial database for literary works may be required.
广播领域版权许可问题和合理使用回顾:聚焦广播监测
广播和 OTT 服务中经常出现与版权有关的纠纷。纠纷分为三类。第一类是广播公司与集体管理组织之间关于音像作品中录音制品托管协议的纠纷。第二个问题与在广播中使用音像作品和录音制品的广播报酬有关,最后一个问题是根据国际条约适用广播报酬要求。为解决这些问题,已宣布了一些立法建议。然而,这些建议也存在固有的问题,难以实施。目前正在引入广播监测系统,作为解决广播版权问题的方案。需要指出的是,合理使用的量化标准需要借助广播监测系统扩大版权的合理使用范围。可以看到,如果用户基于合理使用而被起诉,用户将承担诉讼费用。因此,如果版权许可费低于诉讼费,那么用户为使用极小部分版权作品付费是有利的。随着广播监测系统的引入,特别是在对文学作品实施监测系统时,有必要将合理使用与版权作品的许可使用区分开来,这可能需要一个庞大的文学作品数据库。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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