• Journal of Korea Multimedia Society
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• v.20 no.6
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• pp.960-968
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• 2017

Machinima is a new medium of artistic expression that allows creators to produce faster and cheaper 3D animated works than ever before. However, the software owner controls all rights in the game. The principle of fair use allows for limited use of works without permission of the copyright owner for certain purposes. The application of the principle of fair use to any particular machinima will depend on the specific circumstances. In conclusion, in order to maintain the balance between the copyright owner and the user, the reasonable role of the court in Korea seems to be more important in interpreting the fair use clause.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.15 no.1
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• pp.117-135
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• 2004

The purpose of the study is to suggest preferable future strategies for interlibrary use of e-journal. For this purpose, the study reviewed the meaning of interlibrary use for e-journal in the digital environment and the disputes about it, and analyzed several license clauses for interlibrary use.

• The Journal of the Korea Contents Association
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• v.13 no.7
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• pp.158-167
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• 2013

This research examines the legal liability of place-shifting of TV contents by the use of the Slingbox. The place-shifting of TV contents is fair use because it is a non-commercial private use based on the relevant case law regarding time-shifting and device-shifting such as Sony, RIAA and Napster. But the sharing of place-shifting function is likely to be liable for copyright infringement. And place-shifting may not be fair use based on the cases which denied fair use of time-shifting and space-shifting because the consumers' convenience for the use of the copyrighted work is against the purpose of legislation of copyright law. Place-shifting is unlikely to have a significant effect on the potential market for TV contents because it presents lucrative new platforms to disseminate TV contents to computers and mobile devices. However it is likely to have negative effect because various devices can be the follow-up marketplaces of the copyright holders of TV contents. This study proposes the "innovative medium defense," a new doctrine to analyze liability of innovative media.

• Journal of Information Management
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• v.41 no.2
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• pp.133-159
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• 2010

Books in libraries can be highly refined information. Google invests digitization of books in libraries. But the digitization of books that has a variety of interests, coupled with several problems, including class action, in addition the many critical discussions are underway. Korea pushed the national digitization projects, what are libraries' digitizing their collection of many books. Of course, in publishing and digitization of the target is limited to books published ahead of Google. However, the Library Act was amended for the reposition of online materials, but only in the ways that Google's case is different. Library Act permits collection of online resources through the library to allow, the legislation can be considered as leading act. However, online data is publicly not available through the Internet, so this service hae limited means and range unlike Google. This paper, the digitization of books in the library due to copyright, examines the legal issues looking for the desirable solution. Physical library's main role had been kept the book, but we use the book in terms of policies needed to consider. To overcome these limitations of Copyright Act, this paper researches the relation of Google Book Search in our Copyright Act, and considers introduction as the fair use doctrine and the digital repository system.

• (The)Study of the Eastern Classic
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• no.62
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• pp.263-289
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• 2016

Confucius, whose life coincided with the Warring States period of China, is one of the most respected sages in world history whose teachings and life produced countless disciples in China, Korea, and Japan. There are innumerable pictures, sculptures, and other artworks that portray memorable deeds of Confucius and interesting anecdotes that involve his pupils. One of the most popular subjects for these Confucian portrayals is the anecdote in which Confucius and his pupil, Zhi Ru, discover a tilting vessel at an ancestral shrine in the Lu dynasty and use it to understand the doctrine of the mean. The vessel becomes the basis for the famous Chinese expression, "the cautionary vessel beside one's seat," which is nowadays used to denote one's motto for life. Portraits of these tilting vessels can be divided between those showing the vessels only and others that show Confucius observing the vessels. The former serve as visual reminders, for rulers and policy makers, of the doctrine of the mean that is necessary to fair and righteous governance. The latter form part of the pictorial biography of Confucius with educational content and messages. Interestingly, portraits of Confucius observing or studying tilting vessels have been famous among members of the royal court and the literati, circulated either as single artworks or included in the folding screens of human portraits. Portrayals of other Confucian anecdotes are mostly found in albums that visualize the genealogy of the Way; in contrast, the portraits of Confucius and the tilting vessels were included in folding screens that were popular among the literati that enjoyed stylish works of art and antiques. The portraits of tilting vessels thus highlight the diverse functions and symbolic value of human portraits. This study classifies the portraits of tilting vessels into various forms, and analyzes the period-and objective-dependent changes and characteristics in these portraits. With its exploration of the diverse functions and aspects of portraits of Confucian anecdotes, this study will shed new light on how ancient artists reanimated the lives of great sages and how these artworks differ in their expressions and styles.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.33-52
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• 2014

Although climate change is a global scale question, some concerns have been raised that principles of investment arbitration may not adequately address the domestic implementation of climate change measures. A recent ICSID investment arbitration of Vattenfall v. Germany with regard to the investor's alleged damages from the phase-out of nuclear plants is a salient climate change case. The 2005 Kyoto Protocol was made to reduce greenhouse gas emissions and it provides a number of flexible mechanisms such as Joint Implementation (JI) and Clean Development Mechanism (CDM). Implementation of the Kyoto Protocol allows dispute settlement through investor-state arbitration. Any initiation of stricter emission standards can violate the prohibition on expropriations in investment agreements, regardless of the measures created to reduce greenhouse gas emissions. The effect-based expropriation doctrine can charge changes to existing emission standards as interference with the use of property that goes against the legitimate expectation of a foreign investor. In regulatory chill, threat of investor claims against the host state may preclude the strengthening of climate change measures. Stabilization clauses also have a freezing effect on the hosting state's regulation and a new law applicable to the investment. In the fair and equitable standard, basic expectations of investors when entering into earlier carbon-intensive operations can be affected by a regulation seeking to change into a low-carbon approach. As seen in the Methanex tribunal, a non-discriminatory and public purpose of environmental protection measures should be considered as non-expropriation in the arbitral tribunal unless its decision would intentionally impede a foreign investor's investment.