• Journal of the Korean Society for information Management
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• v.18 no.4
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• pp.127-142
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• 2001

It has been criticized that the right of reproduction and right of communication to the public in the Copyrigt Act of Korea, which was amended in the year of 2000 in line with new environments around digital networks, limited the limitation to author’s property right in private use and library exemption too much. Solving the problem above, this study analyzes comparatively WCT, Amended Proposal for a Directive on Copyright and Related Rights in the Information Society, Copyright Law of the United States of America, Copyright Amendment(Digital Agenda), and Copyright Act of Korea. Based on the results from related case analyses and a survey on how stakeholders view copyright issue, in addition, this study presents a reasonable way of limiting rights of reproduction and rights of communication to the public.

• Journal of Information Management
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• v.43 no.4
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• pp.169-189
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• 2012

Based upon the provision of limitation of copyrights, libraries may provide the document delivery service which supplies copies of journal articles and book chapters owned at other libraries by request of users. However, more proactive information service is required as more users want to use the digital delivery of documents published overseas. This study reviews copyright law of Korea and international conventions related to the document delivery service. It then examines foreign cases to see how overseas information centers clear copyrights. Finally this study suggests that copyright clearance methods be adopted to make a proactive information service. Through those methods, a new information service model may be planned, which meets various information needs while protecting copyright.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.17
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• pp.227-250
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• 2002

This paper is to explore the direction of international software protection laws, either copyright or patent right, by examining the current situations in the United States, European countries, Asia including Korea and the WTO/TRIPs Agreement. According to the comparative legal systems, each court and office gives both copyrightability and patentability of software by a stronger and appropriate intellectual property protection system.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.199-241
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• 2004

This paper discusses to what extent the party autonomy can be allowed in intellectual property dispute resolution agreements in determination of governing law, international jurisdiction, and ADR agreement for arbitration, etc. in considering of the territoriality principle of IP. The party autonomy in choice of governing law and jurisdiction can be fully enjoyed in IP contract disputes. However, the freedom of choice is limited to the disputes regarding IF infringement disputes. The party autonomy is denied in the issues of determination of validity of patent or other IP rights. The author seeks the possibility to allow as much freedom in making choice of applicable law or jurisdiction, or entering into arbitration agreement.

• Journal of the Korea Society of Computer and Information
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• v.14 no.8
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• pp.137-144
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• 2009

On July 23th, 2009, the newly-revised copyright law was reflected the free trade agreement which occurred between the United States and the Republic of Korea. The agreement is expected to have positive effects such as competition as well as the social efficiency in the field of intellectual property. Nevertheless, Korean government should pay much costs, Therefore, we should minimize the cost in a short run and maximize the benefits we could obtain out of the agreement in a long run. However, we are not prepared to improve economic value of the intellectual property rights. Specifically, it should be noted that the aspects of law execution to protect not only the intellectual property rights. If we manage to get the utmost out of the agreement, we could be going through the transition from a consumer nation of intellectual properties to a producer nation.

• The Journal of Korean Institute of Communications and Information Sciences
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• v.37 no.8C
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• pp.703-710
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• 2012

The new article, related to temporary copy on exploitation of copyrighted works, has been introduced in the copyright law as partly revised on December 2, 2011. While number of researches on in-network caching including Content-Centric Networking are conducted quite actively in recent years, the need for legal and institutional considerations has arisen since temporal storage (i.e. temporal copy) may be made not only at user devices but also in routers such as network equipments. This paper examines issues on temporary copy of copyrighted works mainly focusing on the articles and the related articles of the recently revised copyright law as well as the Free Trade Agreement between the Republic of Korea and the United States of America and further studies necessary institutions required to actualize in-network caching.

• Journal of the Architectural Institute of Korea Planning & Design
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• v.36 no.5
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• pp.11-22
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• 2020

It is the juristocracy in architecture to judge the architectural plagiarism by copyright law. The architectural plagiarism should judge by architectural criticism. From the point of the criticism to discuss architectural plagiarism, the study on artistic imitation should be preceding. The current discussion on architectural plagiarism doesn't consider artistic imitation. Therefore, the result of the discussion only focused on whether the building is plagiarizing or not. From the point of architectural criticism, there should be three considerations, which are creation, imitation, and plagiarism. In the study of Aesthetics, it theorized artistic imitation as the appropriation. With the understanding of the appropriation, contemporary art is developing the discourse on plagiarism beyond the boundary of plagiarism fundamentalism. The purpose of this study is to apply the appropriation to the discussion of architectural plagiarism. The study introduces the discourse on architectural plagiarism rather than judging it with copyright law. There so the study categorized the aesthetics standard of appropriation art, then apply it to the architecture cases. The architecture cases subjects of analysis are the glasshouse by Philip Johnson, National Museum of Australia by Howard Raggatt, and the Meiquan 22nd Century in China. At the point of the appropriation theory, the glasshouse is the only architectural appropriation, and others need to apply the evaluation criteria of plagiarism.

• Journal of Distribution Science
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• v.20 no.1
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• pp.55-65
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• 2022

Purpose: This article discusses public acceptance in the information distribution of Copyright Law no. 28 of 2014 and Government Regulation No. 56 of 2021 in Indonesia concerning the commercial use of music. Hospitality industry is one of the most affected by this regulations, which some hotelsrefused to comply. To get royalties, LMKN approaches with socialization either directly or indirectly to commercial music users. Research design, data and methodology: Quantitative survey by distributing questionnaires, then testing the validity and reliability tests using the SmartPLS application. The population studied were Hotels on Java and Bali Island in Indonesia. The research sample is 100 hotels. Result: R-Square value of 0.706 for the construct (Y) User Response which means that (X) Socialization can explain the variance (Y) User Response of 70.3%. This shows that the level of influence (X) Socialization has an effect on (Y) User Response. Conclusion: User responses regarding the distribution information of the Act indicate the need for socialization, because socialization provides literacy to the public. More frequent socialization will provide a good opportunity to increase the response of commercial music users.

• Journal of Arbitration Studies
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• v.12 no.1
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• pp.123-169
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• 2002

The Advent of the global information structure and the do-called digital revolution raise countless new issues and questions. There are no limitations regulating the expressions on the cyberspace due to internet's of quality anonymity\ulcorner diversity\ulcorner spontaneity. Therefore, the freedom of speech is expanded in both areas of time and space, which was impossible with the old communicating system. The rapid development of the internet may not have occurred without techniques of linking and framing, which provide users flexible and easy access to other website. These techniques have enabled internet users to navigate the internet efficiently and sort through the products, services and information available on the internet. Although online technology raises many new legal issues, the law available to help us resolve them, at least today, is largely based on the world as it existed before online commerce became a reality. Thus the challenge is to predict how these new legal issues may be resolved using the current law. Especially, the damage from the above side effects on the cyberspace can be much more serious than in the real world because of promptness, wideness and anonymity. Therefore, regulating and controling the freedom of speech on the cyberspace became needed, and there are two kinds of opinion; one is that the laws in the real world should be applied for the cyberspace and the other is that regulating and controling the freedom of speech on the cyberspace should be performed by the users of cyberspace not by laws because the cyberspace is a free space and must not be interfered. In this study, the current judicial regulation of cyberspace, the side effects of cyberspace and the limitations of the freedom of speech are studied to solve the above problems with speech and the liabilities of on-line service providers are discussed around defamation the distribution of obscene pictures and information, and infringement of copyright.

• Archives of design research
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• v.17 no.3
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• pp.363-372
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• 2004

Lannon(1994) asserted, 'Today consumer market has reached its maturity, and products gets more and more similar. So brands should be distinguished from competitors by emotional values.' Parody ads, one of advertisements appealing to emotion, would distort some original work well known to the public with its blemish or seriousness on target by imitating or exaggerating it regardless of expression styles, and announce the results to criticize the work itself or social situations or excite laughter. Such parody ads are stimulating consumers' emotion in particular and diverse methods. But 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.