• Title/Summary/Keyword: Infringement of Copyright

Search Result 119, Processing Time 0.022 seconds

A study of Copyright Infringement Countermeasures for designers (디자이너를 위한 저작권 침해 대응 방안 연구)

  • Lee, Je;Ryu, Seuc-Ho
    • Journal of Digital Convergence
    • /
    • v.14 no.9
    • /
    • pp.447-452
    • /
    • 2016
  • Designers need to manage their copyrights. Designers be placed in both situations. The two situations is sometimes the case that infringes their copyrights and infringes the copyrights of others. But most designers do not know what to do to deal with this situation. Designers have to judge a lot of things for themselves. Designers should inform the user that you have infringed my copyright. And they will have to think about the legal proceedings. This paper was written based on the legal process, conducted from 2012 to 2014. Copyright infringement countermeasures for designers through this case were investigated. And to organize a correspondence course was organized personal correspondence, legal action, ruling process. The study of the processes for copyright holders themselves to respond to the piracy situation is needed.

A Study of the Legal Principles in the Judicial Precedents of the Copyright Relating to Advertising Focusing on the Photographic Works (광고 관련 저작권 판례에 나타난 법리의 특성: 사진 저작물을 중심으로)

  • Cho, Jae-Yung
    • Journal of the Korea Academia-Industrial cooperation Society
    • /
    • v.16 no.7
    • /
    • pp.4424-4431
    • /
    • 2015
  • The purpose of the study is to analyze the judicial precedents of the copyright relating to advertising focusing on the photographic works and find the characteristics of the legal principles of the copyright infringement or no. As the results of the analyses of the exact 6 precedents, the creativity of the works was the main issue of the judgment of the copyright infringement or no, comparing that 'on the basis' and 'practical similarity' were mainly applied the judgment. It is implied that the photographic works depending on the technologies are more difficult to prove their creativity, and the simple photo of the product itself without or lack of the photographer's creative effort and labor is not acknowledged as a copyrighted work in advertising area.

A Study on the Copyright Protection Liability of Online Service Provider and Filtering Measure (온라인서비스제공자(OSP)의 저작권보호 책임과 필터링)

  • Oh, Yeong-Woo;Jang, Gye-Hyun;Kwon, Hun-Yeong;Lim, Jong-In
    • Journal of the Korea Institute of Information Security & Cryptology
    • /
    • v.20 no.6
    • /
    • pp.97-109
    • /
    • 2010
  • Although the primary liability for online copyright infringement may fall on the individual who illegally copies, transfers, and/or distributes the copyrighted content, the issue of indirect liability for Online Service Providers (OSPS) that provide a channel for the distribution of illegal content has recently come under the spotlight. Currently, in an effort to avoid liability for indirect copyright infringement and improve their reputation, most OSPs have voluntarily applied filtering technology. Under the Copyright Act of Korea, special types of OSPS including P2P and Web-based Hard Drive (WebHard) are required to incorporate filtering technology, and may be charged with penalties if found without one. However, despite the clear need for filtering mechanisms, several arguments have been set forth that question the efficacy and appropriateness of the system. As such, this paper discusses the liability theory adopted in the US. -a leader in internet technology development-and analyzes the scope of liability and filtering related regulations in our copyright law. In addition, this paper considers the current applications of filtering as well as limits of the applied filtering technology in OSPS today. Finally, we make four suggestions to improve filtering in Korea, addressing issues such as clarifying the limits and responsibilities of OSPS, searching for cooperative solutions between copyright holders and OSPS, standardizing the filtering technology to enable compatibility among different filtering techniques, and others.

The Role of ADR in the Resolution of the Copyright Disputes (ADR을 통한 저작권분쟁 해결에 관한 검토)

  • Kim, Sun-Jeong
    • Journal of Arbitration Studies
    • /
    • v.21 no.2
    • /
    • pp.85-112
    • /
    • 2011
  • These days utilization of copyright in daily life and economic activities is becoming more important than ever, and IT technology is developing day by day. Along with those fact, copyright infringement and dispute is naturally increasing. This thesis dealt with the 3 different issues of ADR on copyright. The First part, introduce ADR system that was performed by Korea Copyright Committee according to Copyright law. This paper evaluate the committee's efforts to provide resolution of copyright disputes via conciliation was effective. So it needs to be look over several countries' ADR, beside conventional judicial remedy. And Korea's copyright conciliation system which is successfully operating also introduced. Second, In many countries, including South Korea are take advantage of conciliation as the way to settle down the dispute over copyright. Furthermore, looked over if we can use arbitration as tool to settle dispute or not. Currently in Korea, patent dispute is handled by Industrial Property Dispute Conciliation Committee(The Invention Promotion Act Ch.5) and Layout-design Review and Mediation Committee(The Act on the Layout-designs of Semiconductor Integrated Circuits Art.29-34), but using performance of those two committee is still too low. In comparison, the copyright committee, a affiliation organization of the ministry of culture, sports and tourism has much more result in conciliation compare with patent dispute. Copyright disputes has arbitrability of it's subject-matter and many regulating organs are interested in it. (especially, binding of arbitral award and final resolution). Take advantage of both conciliation and arbitration could be good way to resolve copyright disputes. Third, the writer look at the proposal on the creation of Northeast Regional Center for Intellectual Property ADR. Because of the nature of copyright and rapid development of internet technology, international use of work become more frequent and accordingly infringement cases are increasing. The role of commercial arbitration regimes and institutions which has progressed significantly worldwide level, but which has only just begun in the intellectual property ADR area, leads also to a clash of often very different legal cultures and protection in a market economy. International cooperation in regional area with conflict interests becomes an important alternative. But it will depend on the building of regional institutions and mechanisms. The feasibility of this proposal and preconditions were examined. Establishment of new international organization requires a lot of time, cost and efforts. And risk of failure is much too high. Therefore factual, statistical review should be preceded. In addition, technical measures, such as on-line arbitration is necessary to review also. Furthermore in order to establish new organization, the relative law, legal environment, public sentiment and international compliance must be carefully considered with factual review about the needs and economic benefits of each country Yet on complex regulatory matters such as IP and ADR, a great deal of the potential benefits from international standards arises not from the international legal framework nor even the formal content of national legislation, but from the informed and effective use made of the possibilities within the system, including by policymakers and regulators.

  • PDF

A Study on Cognition about Copyright of Digital Works

  • Lee, Yong-Whan
    • Journal of the Korea Society of Computer and Information
    • /
    • v.22 no.5
    • /
    • pp.41-49
    • /
    • 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.

A Study of User Recognition of the Copyright in Academic Libraries (대학도서관 이용자의 저작권인식에 관한 연구)

  • You, Yang-Keun
    • Journal of Korean Library and Information Science Society
    • /
    • v.39 no.1
    • /
    • pp.355-375
    • /
    • 2008
  • Copyrights have threatened by some people even though information transfer methods are various and users can change information with others rapidly through the improvement of digital technology. The purpose of this study is to identify illegal actions against academic library users and to propose a solution to the copyright problem. Through understanding general concepts of copyrights and illegal cases against copyrights, collected essential cases were analysed. The results show that library users have copied and transferred illegally some materials with knowing unlawful actions.

  • PDF

Problems Judicial Liability of On-Line Service Providers under the Infringement of Copyright in Internet (인터넷 상에서 저작권침해에 따른 온라인서비스 제공자의 책임문제)

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

  • PDF

A Classification Method for Executable Files based on Comparison of Undocumented Information in the PE Header (실행파일 헤더내 문서화되지 않은 정보의 비교를 통한 실행파일 분류 방법)

  • Kim, Jung-Sun;Kang, Jung-Min;Kim, Kang-San;Shin, Wook
    • KIPS Transactions on Computer and Communication Systems
    • /
    • v.2 no.1
    • /
    • pp.43-50
    • /
    • 2013
  • File identification and analysis is an important process of computer forensics, since the process determines which subjects are necessary to be collected and analyzed as digital evidence. An efficient file classification aids in the file identification, especially in case of copyright infringement where we often have huge amounts of files. A lot of file classification methods have been proposed by far, but they have mostly focused on classifying malicious behaviors based on known information. In copyright infringement cases, we need a different approach since our subject includes not only malicious codes, but also vast number of normal files. In this paper, we propose an efficient file classification method that relies on undocumented information in the header of the PE format files. Out method is useful in copyright infringement cases, being applied to any sort of PE format executable file whether the file is malicious, packed, mutated, transformed, virtualized, obfuscated, or not.

Copyright education program by using a Role-play Model (역할놀이를 활용한 저작권 교육 프로그램)

  • Rhee, Jumg-Mi;Chun, Seok-Ju
    • 한국정보교육학회:학술대회논문집
    • /
    • 2010.08a
    • /
    • pp.67-73
    • /
    • 2010
  • In information and communications society, the numbers of elementary students who violate copyright law have been growing due to lack of understanding so they are needed to be educated on copyright. However, current education only has focused on copyright infringement, few numbers of educations have instructed copyright oriented examples linked to regular curriculum. Therefore, the purpose of this study is to grow elementary students's understanding of copyright and find new ways of education through designed copyright education program oriented regular curriculum.

  • PDF