Korea Copyright Commission最新文献

{"title":"Nam June Paik’s Video Art from the Perspective of Copyright Law - Conflict between the Artist’s Right of Integrity and the Owner/Curator’s Interpretation -","authors":"H. Nam","doi":"10.30582/kdps.2022.35.3.69","DOIUrl":"https://doi.org/10.30582/kdps.2022.35.3.69","url":null,"abstract":"Among art works, video art, which not only contains formative and pictorial elements, but also adds technology, occupies a unique genre as one of contemporary art in art history. As one of the pioneers, Nam June Paik’s video art is exhibited in Korea’s leading art museums, such as MMCA and SeMA. Before and after his death, there was controversy over whether the video material was arbitrarily changed by the exhibitor (), or the replacement of the CRT that was turned off due to old age or malfunction and how to repair it (). With the artist’s death not knowing exactly what his intentions were, the resulting conflict was thrown into the discussion of the art world. \u0000Even though there is a copyright element in these conflicts, it is a pity that copyright experts were not involved in the conflict resolution process, or that there was a copyright discussion about it from outside. In this regard, this paper is not without a sense of delay, but it is hoped that it will provide some legal guidance in this conflict that is likely to recur in the future.","PeriodicalId":350441,"journal":{"name":"Korea Copyright Commission","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122211897","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on the ‘Other rights which shall be enjoyed by the copyright owners’ of Chinese Copyright Law","authors":"Insook Kim","doi":"10.30582/kdps.2022.35.2.81","DOIUrl":"https://doi.org/10.30582/kdps.2022.35.2.81","url":null,"abstract":"The Chinese Copyright Law has an “Other rights which shall be enjoyed by the copyright owners(hereinafter referred to as OR)” in Article 10, No. 17. This clauses enacted in 2001. “OR” was enacted because the Chinese copyright law does not have sufficient economic rights for copyright owner, making it difficult for Chinese courts to judge the use of new works. \u0000Actually, The Chinese Court found that “real-time transmission of broadcasting programs, sports broadcasting, and gameplay screens”, “the use of typeface”, “the sale of copyright infringement products” and the other uses. But some decision are not clear on the legal basis for subject to “OR”. \u0000There is no definition in Chinese Copyright Law that explains the scope of “OR”. There is only an interpretation of the legislature that it does not include the “Artist’s Resale Right”. \u0000“OR” served as the legal basis for implementing international treaties joined by China and supplemented the structural defects of Chinese copyright law. \u0000Nonetheless, there is no clear interpretation and application standards. So, The judges create new right in the process of judical judgment, but they can not know how far the limit is. \u0000The third revision of Chinese Copyright Law amended for the fair use clauses, so new use of works can included in fair use through court judgment. As a result, it became difficult to distinguish between fair use and copyright infringement. Therefore, when using works in China, we should be careful not to infringe on copyright against our intentions. \u0000Korean copyright owners who export works to China must specify the specific scope of ‘OR’ in the contract. Otherwise, there is a problem that the other party’s range of use is randomly expanded. In addition, care should be taken to prevent unnecessary disputes due to differences in the interpretation of ‘OR’.","PeriodicalId":350441,"journal":{"name":"Korea Copyright Commission","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117297978","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on Ways to Improve the System on Request for Information Provision of the Pirates and Transmitters under the Copyright Act","authors":"Byung-Kwan Kim","doi":"10.30582/kdps.2022.35.2.5","DOIUrl":"https://doi.org/10.30582/kdps.2022.35.2.5","url":null,"abstract":"Despite the fact that copyright infringers are being distributed in large quantities through the rapidly developed high-speed information and communications network in recent years, there is no system under the current legislation that allows copyright owners to directly request the online service provider (OSP) to disclose the infringer’s information. Even if the company voluntarily discloses user identity information, it may violate the Act on Promotion of Information and Communications Network Utilization and Information Protection (Information and Communications Network Act). The copyright holder can obtain effective remedy only when he uses OSP’s services to secure the identity information of the person who infringes his copyright. \u0000The purpose of the ‘Request System for Requesting Information on Replicators and Transmitters’ is to provide a procedure for the copyright holder to obtain the identity information of the infringer from the OSP within the scope necessary for litigation in order to obtain relief for copyright infringement. However, as requests for information provision are made indiscriminately even for minor copyright infringers, concerns about personal information infringement are increasing. This article examines the specific details of the information provision request system regarding the copy/transmitter, and furthermore, reviews the Information and Communications Network Act that stipulates the same system and foreign legal systems to solve the problem of abuse of information provision request.","PeriodicalId":350441,"journal":{"name":"Korea Copyright Commission","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126932594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A study on the introduction of dynamic injunction as a countermeasure against online copyright infringement","authors":"Gyooho Lee","doi":"10.30582/kdps.2022.35.2.115","DOIUrl":"https://doi.org/10.30582/kdps.2022.35.2.115","url":null,"abstract":"On basis of Article 136 of Korean Copyright Act prescribing criminal sanction against copyright infringement crimes, online information which violates Korean Copyright Act can fall under one of online illegal information under Article 44-7 (1) 9 of the Act On Promotion Of Information And Communications Network Utilization And Information Protection. Article 44-7 (Prohibition on Circulation of Unlawful Information) of the Act On Promotion Of Information And Communications Network Utilization And Information Protection (hereinafter “Information and Communications Network Act”) states that “(1) No one may circulate any of the following information through an information and communications network: [omitted] 9. Other information with content that attempts to commit, aids, or abets a crime.” \u0000Currently, Korea Communications Standards Commission is actively responding to overseas copyright infringement by viewing information resulting from overseas online piracy as illegal information under Article 44-7 (1) 9 of the Information and Communications Network Act, and by requesting a correction measure which blocks access to overseas online sites from domestic key telecommunication operators. Therefore, the Copyright Act applies to copyright infringement on domestic online sites, but the Information and Communications Network Act and the Korea Communications Standards Act apply to copyright infringement on overseas online sites. In this sense, the regulations on online piracy are bifurcated. \u0000However, regular access blocking measures are not suitable for effectively preventing online copyright infringement. Due to the technical structure of the Internet, access blocking measures can be easily bypassed, and in order to avoid access blocking measures, the infringing server can be moved abroad and the pirated contents can be re-hosted and transmitted again. \u0000Over the past few years, a new type of injunction has emerged as an effective response to online copyright infringement. It is called as “dynamic injunction.” The dynamic injunction is a legal mechanism that allows the Internet service provider to block both the main domain name and the IP address of the pirated website, and mirror websites which quickly and easily appear under other domain names and thus remain unaffected by the original injunction order as well. \u0000This dynamic injunction system was implemented in Australia, Singapore, Spain, Sweden, Austria and the United Kingdom. Hereinafter, this Article looks at overseas legislative examples of dynamic injunction, and, then, propose ways to introduce this system to Korea.","PeriodicalId":350441,"journal":{"name":"Korea Copyright Commission","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127166146","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on Analysis of Communication to the Public and the Korean Copyright Law for the national implementation","authors":"Se-Chang Kim","doi":"10.30582/kdps.2022.35.2.45","DOIUrl":"https://doi.org/10.30582/kdps.2022.35.2.45","url":null,"abstract":"The development of the concept of ‘Communication to the Public’ has been hand in hand with the development of communication technology. In the Berne Convention, the first international copyright treaty, the concept appeared in the Roman Revision Conference in 1920 and was established through various discussions, and it was also expanded in the WIPO Internet Treaty to regulate the use of works in the Internet environment. Since Korea joined the Berne Convention in 1996, Korean Copyright Act has been revised three times, establishing the concept of ‘Public Transmission’ and implementing provisions related to ‘Communication to the Public’. \u0000However, there are some differences between the concept of ‘public transmission’ and sub-concepts in Korean Copyright ACT and the concepts related to ‘Communication to the Public’ in international treaties. According to international treaties, provision of ‘Making Available to the Public’ is limited to the act of making users to access the work at a individual time and place regardless of whether the work is transmitted or not. However, in the case of Korea’s ‘interactive transmission’, the range is relatively wider as it also includes transmissions made together with the user’s request for initiation. Broadcasting refers to wireless transmission according to international treaty, but the concept of broadcasting in Korea does include both wired and wireless one. Accordingly, the scope of ‘Broadcasting Organization’ is different. In the case of ‘digital audio transmission’, the concept is not found in international treaties. Accordingly, there was also an issue of whether ‘digital image transmission’, which is interpreted in the scope of use, provision or public transmission under international treaties, belongs to ‘broadcasting’ and whether it falls under ‘other public transmissions’. \u0000In this paper, the concept of communication to the public delivery in international treaties is was first analyzed. For the comparison of the concept in international treaties, this paper analyzes the concept in the Berne Convention, WCT, and WPPT. Next, Korea’s ‘Public Transmission’ is was analyzed in the same way and compared with international treaties. Although Korean copyright law fully implements international treaties, it has been confirmed that there are some differences between concepts. And finally, an improvement plan was presented to overcome the problems caused by the differences.","PeriodicalId":350441,"journal":{"name":"Korea Copyright Commission","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127583119","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Copyright Issues and Legislation on TDM for the Analysis and Utilization of Big Data","authors":"S. Choi","doi":"10.30582/kdps.2022.35.1.59","DOIUrl":"https://doi.org/10.30582/kdps.2022.35.1.59","url":null,"abstract":"","PeriodicalId":350441,"journal":{"name":"Korea Copyright Commission","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131781643","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Review on the Legal Protection of Sports Broadcasting Videos Under the Chinese Copyright Law - Focusing on the Beijing High People's Court Decision No. 128 and the revised Copyright Law -","authors":"Seon-yeong Hwang","doi":"10.30582/kdps.2022.35.1.153","DOIUrl":"https://doi.org/10.30582/kdps.2022.35.1.153","url":null,"abstract":"","PeriodicalId":350441,"journal":{"name":"Korea Copyright Commission","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114598436","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on Countermeasures against BitTorrent Copyright Infringement","authors":"Sang-pil An","doi":"10.30582/kdps.2022.35.1.93","DOIUrl":"https://doi.org/10.30582/kdps.2022.35.1.93","url":null,"abstract":"","PeriodicalId":350441,"journal":{"name":"Korea Copyright Commission","volume":"261 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113972177","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Some Suggestions for Improving Translation of the Korean Copyright Act - Korean Copyright Law in the Global Context -","authors":"I. Lee","doi":"10.30582/kdps.2022.35.1.5","DOIUrl":"https://doi.org/10.30582/kdps.2022.35.1.5","url":null,"abstract":"","PeriodicalId":350441,"journal":{"name":"Korea Copyright Commission","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116190381","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Evaluation for Number of the Crime of Copyright Infringement","authors":"Sung-min Park","doi":"10.30582/kdps.2022.35.1.127","DOIUrl":"https://doi.org/10.30582/kdps.2022.35.1.127","url":null,"abstract":"","PeriodicalId":350441,"journal":{"name":"Korea Copyright Commission","volume":"128 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124227590","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}