• Architectural research
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• v.9 no.1
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• pp.1-8
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• 2007

These days the copyright plays a significant role in various fields of creative works and it has expanded dramatically into unprecedented ways. In Korea, architectural works copyright cases are rare due to the lack of information and understanding of the architectural works copyright. Architectural works copyright can promote architects' creative activities and enhance the quality of architectural works as art. Nevertheless, there is little effort to advance the studies of architectural works copyright in the architectural design area. Under these circumstances, this research attempts to share the basic case laws and remedies for various architectural works copyright issues in the U.S. cases. This Article examines the Thomas Shine v. David M. Childs and Skidmore Owings & Merrill, LLP Case which is the most recent case as I could reach. This case is about a story between two architects, one is from a very prestigious architectural design firm and the other, once Yale Architectural student, now practices his design work as an up-and-coming architect. A close examination of this case will provide a legal and architectural spectrum of copyright. That is, it will make it more specific how to solve the copyright infringement. Artistic and technological contexts are overlapped in Architectural works copyright as its inherent characteristics. Therefore, different ways from other copyrighted works are needed to access the untangled equations of the architectural works copyright protection. In addition, more comprehensible and specific regulations that can impose a remedy more suited to the architectural works copyright violations are needed and they should enable architects to fulfill their architectural activities under wide range of copyright protection. Moreover, in prior to all efforts to handle those equations, fundamental knowledge of architectural works copyright is required to improve the copyright protection in the architectural design area as well as to provide for the globalizing design practice. Ultimately, all of these efforts will be rewarded when constant researches based on Korean and other countries' architectural copyright cases can support them and it would be great if this research can set the stage for resolving expected copyright conflicts within the architectural design area.

• International journal of advanced smart convergence
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• v.10 no.3
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• pp.181-186
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• 2021

Among human intellectual creations, the right granted by law to what is worth protecting is defined as intellectual property rights. Copyright is a legal right to creative finished products made by individuals, and in recent years, this legal right has been recognized as very important. In other words, copyright is a system created to protect the rights of individuals who created creations and to recognize their efforts. Works subject to copyright vary from poetry, thesis, novels to designs, paintings, music, and architecture, and the scope of the subject is gradually expanding. Recently, research has begun on how far the Metaverse design area absorbed into the real world among works. Computer-generated video productions and software program works are also subject to digital copyright protection, but it is also true that the interpretation of the author protection law for works, designs, and trademarks in the virtual world is unclear. This study aims to analyze copyrights based on case studies and theoretical backgrounds on copyright protection and to discuss the protection limitations of Metaverse design in the virtual world. In other words, the direction for the protection of Metaverse design is presented through clear distinction and definition of copyright protection in the tertiary virtual world. This study aims to present methods for design copyright protection in the era of Metaverse, respect copyright holders' creative activities, and develop our culture through protection of creations.

• The Research Journal of the Costume Culture
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• v.26 no.1
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• pp.45-55
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• 2018

The purpose of this study was to investigate the changes in perception and attitude of fashion major college students before and after receiving their design copyright education. A questionnaire survey was distributed to 200 fashion major college students in Seoul. The results of this study were as follows: First, 46.0% of fashion major students had an experience of purchasing counterfeit fashion goods. Out of those, 81.5% students acknowledged that the product was counterfeit and still purchased it. Categories of counterfeit goods purchased were bags, clothes, and accessories, in order of popularity. The students reported purchasing counterfeit goods twice and three times, in order of popularity. The prices of the counterfeit products were 100,000 to under 200,000 won, and under 100,000 won, in order of popularity. Second, the cognitive domain, the practical domain, and the value domain all showed significant differences between before and after the copyright education. Among these, the differences in the practical domain were the most distinctive. Third, prior to receiving their copyright education, most of the students had no perception about the design copyright system and so most of the students gained helpful information from the education. For future design copyright education, the students want to learn about how to protect their own designs, how to apply copyright in a fashion company, how to avoid invading other people's designs, and categories of design copyright.

• International Journal of Costume and Fashion
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• v.16 no.1
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• pp.1-16
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• 2016

The purpose of this study was to explore fashion design and merchandising students' perception of creativity and the copyright protection of apparel design. A survey with open-ended questions was developed and distributed to a total of 100 fashion major students with specializations in apparel design and merchandising from three different universities located in a northwestern state of the United States. A majority of respondents showed their awareness that copying apparel design is ethically wrong and counterfeiting is legally wrong. They were able to distinguish between copying and interpreting and were aware that incorporating limited elements from inspirations was ethically acceptable. However, many of the students look for design inspiration from secondary sources, such as existing designers' works which they observe over the Internet, magazines, fashion shows, and store shopping, which may pose them to the temptation to copy such ideas. Although fashion copyright protection law has yet to become enacted, a majority of respondents support passage of fashion copyright protection law. The results give support to the needs for addressing the creative problem-solving processes and ethical decision-making jointly within apparel design and merchandising curriculum.

• 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.

• The Research Journal of the Costume Culture
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• v.32 no.2
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• pp.287-298
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• 2024

Clothing is intimately intertwined with daily lives as every individual relies on it. The pervasive issue of plagiarism in the fashion industry has led to an increased demand to protect intellectual property rights. Currently, studies on the protection of fashion design intellectual property rights in China remain in the exploratory stage and warrant further investigation. This paper addresses the issue in two parts. The first part contains an analysis of the theoretical foundation for the protection of fashion design copyrights. It is further divided into three subsections. The first subsection primarily examines the concept of copyrights and laws. The second subsection focuses on the concept of fashion design copyrights and laws. The third subsection analyzes copyright laws concerning fashion designs in China. The second section offers an analysis of infringement cases involving fashion designs published during the Baiyi Cup Intellectual Property Case Summary Writing Competition held in China in 2023. It outlines the shortcomings of the current Chinese copyright laws regarding the protection of fashion designs, and proposes measures for improvement. This study argues that the institutional framework for intellectual property rights in the Chinese fashion industry should align with practical considerations and explores suitable legal regulations and how they relate to specific circumstances in China. Besides refining the legal framework, fashion designers and enterprises must take measures to entablish the intellectual property rights of their clothing brands.

• Journal of the Korea Society of Computer and Information
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• v.22 no.5
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• pp.41-49
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• 2017

Digital works such as computer programs, music, photographs, movies and dramas are copyrighted. Even if there were more than 1,000 violations per year for digital works, the punishment was very weak. Especially copyright infringement by teenager is increasing. This study aims to present the direction of future development through questionnaires on the perception and direction of college students about copyright. 157 college students were surveyed about copyright awareness, perception of detailed legal provisions, cost of monthly expenses, copyright violation, and direction of copyright protection. As a result of the questionnaire survey, awareness was high at 69%, but in detailed law was low at 17.2% and 22.3%. In the future direction of copyright policy, 72.6% of them answered that they should be "strengthened" and "more and more strengthened". In order to protect copyrights, enforcement of crackdowns, public relations activities, expansion of the legal market, and technical protection should be done. In order to do this, copyright-related education for elementary, middle, high school and college students are needed more and it is necessary to expand the legal market where high quality contents are traded. More research is needed on copyright protection technological methods.

• Journal of Korea Multimedia Society
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• v.23 no.2
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• pp.262-273
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• 2020

This paper analyzes the existing copyright management and copyright sharing model and discusses the limitations. It then proposes a consortium Blockchain-based copyright management model in which the service platform participates as a node, and discusses how to combine the My Data concept with Blockchain and smart contracts. Also, Blockchain-based CP-ABE is introduced and applied to the proposed model as a way for users to define access policies and store copyright data in encrypted form on the storage of the online service providers (OSP). Compared with the existing copyright management model, the proposed model allows the copyright holder to focus on copyright registration, license content design, and sharing, as the data subject. And it is expected to be able to transparently manage the usage records and the basis for the settlement of the copyrighted data that are shared and used on each platform.

• Korea Science and Art Forum
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• v.23
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• pp.111-122
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• 2016

The purpose of this multi-disciplinary convergent study is to establish Image Copyright Archive Model for Museums to protect image copyright and vitalize the use of images out of necessity of research and development on copyright services over the life cycle of art contents created by the museums and out of the necessity to vitalize distribution market of image copyright contents in creative industry and to formulate management system of copyright services. This study made various suggestions for enhancement of transparency and efficiency of art contents ecosystem through vitalization of use and recycling of image copyright materials by proposing standard system for calculation, distribution, settlement and monitoring of copyright royalty of 1,000 domestic museums, galleries and exhibit halls. First, this study proposed contents and structure design of image copyright archive model and, by proposing art contents distribution service platform for prototype simulation, execution simulation and model operation simulation, established art contents copyright royalty process model. As billing system and technological development for image contents are still in incipient stage, this study used the existing contents billing framework as basic model for the development of billing technology for distribution of museum collections and artworks and automatic division and calculation engine for copyright royalty. Ultimately, study suggested image copyright archive model which can be used by artists, curators and distributors. In business strategy, study suggested niche market penetration of museum image copyright archive model. In sales expansion strategy, study established a business model in which effective process of image transaction can be conducted in the form of B2B, B2G, B2C and C2B through flexible connection of museum archive system and controllable management of image copyright materials can be possible. This study is expected to minimize disputes between copyright holder of artwork images and their owners and enhance manageability of copyrighted artworks through prevention of such disputes and provision of information on distribution and utilization of art contents (of collections and new creations) owned by the museums. In addition, by providing a guideline for archives of collections of museums and new creations, this study is expected to increase registration of image copyright and to make various convergent businesses possible such as billing, division and settlement of copyright royalty for image copyright distribution service.

• Archives of design research
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• v.16 no.3
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• pp.133-142
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• 2003

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. In order to solve copyright issues concerning parody, the following points need to be addressed and analyzed; ·First, plagiarism, imitation, and the dear outline of deliberation standards about parody. ·Second, the expansion of the deliberation body aid explicit application of deliberation standards. ·Third, the trying for self-improvement of the advertising industry itself. ·Fourth, the development and advancement of consumer monitoring. ·Firth, the review of judicial precedents along with tile vocalization of the advertising industry's ideas and concepts on the matter.