• Title/Summary/Keyword: copyright compensation

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A Study on the Transition from the Library's Copyright Compensation Regime to the Orphan Works Regime (도서관 보상금 체제에서 고아저작물 체제로의 전환 모색)

  • Joung, Kyounghee
    • Journal of the Korean Society for Library and Information Science
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    • v.48 no.4
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    • pp.193-214
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    • 2014
  • Thise study focuses on the direction to the revisions of copyright law in Korea, so that orphan works in libraries can be used more widely on the Internet. In particular, this study analyzes the problems of the provisions 31 and 50 in the copyright law related to the mass digitations of orphan works in libraries. This study also reviews the Directive 2012/28/EU, 3 orphan works bills in USA, and provisions related to the orphan works in The Enterprise and Regulatory Reform(ERR) Act 2013 in UK. Finally this study suggests the 3 directions to support mass digitations of orphan works in libraries. First, digitized orphan works in libraries are to be made a transmission to the public on the Internet; Second, compensation and approval fees are not required or minimized; and third, libraries have to stop the use of the orphan works if copyright owners require. If not, libraries have to negotiate with the copyright owners about the fees necessary.

A Study on the Provision of the Copyright Limitations for Libraries of the Korean Copyright Act (우리나라 저작권법의 도서관관련 권리제한 규정에 관한 연구)

  • Kim, Jong-Chul;Kim, Young-Seok
    • Journal of Korean Library and Information Science Society
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    • v.43 no.1
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    • pp.349-369
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    • 2012
  • This study aims to examine the problems of the Article 31 of the Korean Copyright Act and to suggest the improvement of the Article 31. The study analysed the establishment and revisions of the Act and the Article 31. The study suggests the followings for the improvement of the Article 31: firstly, to limit copyright limitations for libraries operated by profit organizations but to extend copyright limitations for libraries operated by non-profit organizations, secondly, to abolish the system of property rights compensation, thirdly, copyright organizations and library associations closely discuss to solve the problems on reproduction prevention measures, the amount of reproduction, the inter-library loan of library materials among libraries.

Protecting Game Developers Under the Works-for-hire Clause of Copyright Law (게임개발자 창작 권리보호 방안에 관한 소고 -저작권법의 업무상저작물제도를 중심으로)

  • Choi, Ji-Sun
    • Journal of Korea Game Society
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    • v.11 no.4
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    • pp.73-91
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    • 2011
  • This paper investigates the possibilities of protecting game developers under the work-for-hire provision of copyright law. Fundamentally, the work-for-hire clause provides the authorship status to companies, not to game developers. Some argue that the clause is especially appropriate in software industries including game industries because they are new and different from typical types of copyright industries. However, game industries are different from software industries as well as typical types of copyright industries in that they have both cultural (artistic) as well as industrial characteristics. Game developers not being provided with the authorship status may be one of the reasons for the disputes related to turnover and knowledge leakage. This paper mainly suggests three kinds of solutions: first, protecting the moral right even in the work-for-hire provision; second, protecting game developers as coauthorship; and third, providing monetary compensation as it is in employee invention.

A Study on the Copyright Policy and Open Access for Noncommercial Scholarly Works (비영리학술저작물의 저작권정책과 오픈액세스에 관한 연구)

  • Joung, Kyoung-Hee
    • Journal of the Korean Society for information Management
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    • v.24 no.4
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    • pp.97-117
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    • 2007
  • This study is about the copyright policies by Korean government and the revision of the article 31 library exemption provision in the Copyright Act of Korea for noncommercial scholarly works considering through cases of copyright disputes occurred in Korea during the $2005{\sim}2007$. This study proposes that works not for sale including thesis should be exempted from the copyright compensation in the article 31(5) in the Copyright Act of Korea based on the properties of noncommercial scholarly works and the regulations on works for not for sale in the current Korean copyright act. Also, this study reports that the copyright trust of scholarly articles by the copyright trust management agency is illegal in part and the government which has a duty to direct it has to control the illegal actions. Finally, this study proposes that noncommercial scholarly works such as thesis and scientific articles are to be open access and Korean government should develop open policies for them.

An Study on the Problems and Improvement of the 'Considerable Efforts' to Use Orphan Works: Focused on Mass Digitization in Libraries (고아저작물 활용을 위한 '상당한 노력' 규정의 문제점 및 개선에 관한 연구 - 도서관의 대량디지털화를 중심으로 -)

  • Joung, Kyoung Hee
    • Journal of the Korean Society for Library and Information Science
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    • v.50 no.4
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    • pp.333-350
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    • 2016
  • Article 50 and article 18 related to orphan works in the Copyright Act of Korea and Enforcement Decree of the Copyright Act of Korea define 'considerable efforts' to locate copyright owners. This study analyzed the reasonableness of the efforts for mass digitization in libraries. The findings of the study were the duplication of searches on the 'Finding Copyright' website and the inquire to copyright trust management organizations by document, ambiguity of search criteria through information networks, and problems due to non-use of international standard identifiers in managing works on copyright register, works with undistributed compensation, and copyright trust management organizations. This study suggests that copyright trust management organizations should register trust works, the government should develop a guideline for detail guidance for searching information networks, and copyright works should be managed using international standard identifiers.

A Study on Protecting Copyrights of North Korean Works and on Developing Their Use under the Limitations on Exclusive Rights by Libraries in South Korea (도서관 면책 규정에 따른 북한저작물 보호와 이용 활성화 방안)

  • Jeong, Bun-Hee
    • Journal of the Korean Society for Library and Information Science
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    • v.40 no.1
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    • pp.163-194
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    • 2006
  • The purpose of this study is to find out the ways of protecting copyrights of North Korean works focusing on the limitations on exclusive rights in the South Korean libraries. This study deals with the articles of the copyright laws which are rotated with using materials in libraries both North and South Korea. It also covers related provisions of Borne Convention for the Protection of Literary and Artistic Works. The past study on the copyright protection has mostly focused on how we protect the copyright of publications and works which are published for profit. This study proposes some solutions from the legal institutional aspects, policy and socio-cultural aspects in order to protect the copyright of North Korean works and improve their use under the limitations on exclusive rights by libraries.

Comparative analysis of group cognizance regarding application of copyright laws in library (도서관 저작권보상에 대한 집단인식 비교연구)

  • Kim, Po-Ok;Lee, Jin-Suk
    • Journal of Information Management
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    • v.35 no.3
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    • pp.29-50
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    • 2004
  • This study, considering the many disputes in today's society centered around copyrights, aimed at analyzing and investigating the scope of application for copyright laws in library, whether where is a reach or not, and also the procedures and cognitive degrees in copying and transmission of copyrights materials. Especially the usage of the digital resources built by major domestic libraries have been looked at, and how they reveal the cognitive degree of copyright laws toward various social stratums have been analyzed. Research subjects in each social stratum were firstly classified, which centered around university library users, authors as well as librarians in each university library public access post, then the difference of understanding toward copyright laws between each of these 3 groups was analyzed, and also at the same time the problems in usage authorization procedures of copyrighted materials in library were analyzed. so that the solutions to such problems can be found.

The Study on the Creativity and Legal Status of Directing from Copyright Law Point of View (저작권법의 시각에서 본 연극연출의 창작성과 법적 지위에 관한 연구)

  • Jung, Young Mee
    • Journal of Korean Theatre Studies Association
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    • no.40
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    • pp.401-450
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    • 2010
  • This thesis purposes to suggest that creative stage directors have copyright ownership and we make them create high-quality of theatre direction. Stage directors are sincere creator of the theatre stage today. We have little judicial precedents about stage directors, no artistic examination related directing. Stage directors are performers who have neighboring rights, there is a problem that they won't have the exclusive right of making derivative works in this country. Others will make creation (such as cinemas, animations, novels) based on stage expression without permission, because stage directors don't have exclusive right of making derivative works. Copyright law can't protect the concept of stage directors and building blocks of them which are drama text, actors and theatre space, because copyright law don't protect idea according to idea/expression dichotomy. The expression of stage direction is belong to five fundamentals which are composition, picturization, movement, rhythm, pantomimic dramatization that are come from Dean & Carra's work. Directors' work is to make theatrical works based on literary works. Therefore, theatrical works are derivative works which based on drama texts. Also, theatrical works are able to be joint works. In the case of that stage directors write drama text and create expression on the stage, they have to own authorship of both works. Merger doctrine should not apply theatre directors' works strictly like any other functional works because stage directors usually create noble expression which have been not before. We need shift of the definition of theatrical works which are derivative works or joint works to protect theatre directors' creativity. Hereafter, the special legal section for dramatic(theatrical) works including the flexible legal definition for performing arts should be established, and 'contract form' for stage directors should be made. Acting edition(literary works) should be published to grant creative directors compensation. I emphasize to grant ownership of copyright to creative stage directors, to encourage directors' works. Therefore, copyright law will be the support for development of cultural arts institutionally.

Evaluation on Effectiveness of the Compensation System for Reproducing or Interactively Transmitting Works in Libraries (도서관의 저작물 복제.전송 보상금제도 효용성 평가)

  • Hong, Jae-Hyun
    • Journal of Korean Library and Information Science Society
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    • v.42 no.3
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    • pp.351-379
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    • 2011
  • The compensation system for reproducing or interactively transmitting works in libraries has been introduced in 2003. It has passed more than 7 years since this system has been implemented in July 2004. This study investigated current situation of operation on the compensation system for reproducing or interactively transmitting works in libraries. The survey on the effectiveness of the compensation system was conducted to a group of authors and librarians. First, the difference of the effectiveness of the compensation system between a group of authors and librarians was analyzed. In addition, the difference of the effectiveness of the compensation system according to status variable of author group was analyzed. Also the difference of the effectiveness of the compensation system according to status variable of librarian group was analyzed. Finally, this study pointed out the problems of the compensation system and presented the way to improve the problems.

A Study on Copyright Usage Permission Platform Based on Blockchain for Distribution of Theme, Background and Signal Music (주제/배경/시그널 음원의 유통을 위한 블록체인 기반의 이용허락 플랫폼에 관한 연구)

  • Kim, Youngmo;Park, Byeongchan;Jang, Seyoung;Kim, Seok-Yoon
    • Journal of the Semiconductor & Display Technology
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    • v.20 no.1
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    • pp.18-24
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    • 2021
  • The current settlement and distribution used in theme, background and signal music market other than conventional music is being carried out with either the comprehensive settlement method or the measured meter-rate settlement method in the payment process of collected user fees and compensation depending on the use-permission types. In this settlement and distribution process, however, the reliability issues are often being raised because of the difficulty of tracking rights due to changes in music source rights management information, etc, and the opaque settlement and distribution method itself. This paper proposes a new settlement and distribution platform using a blockchain for the reliable collection and distribution of copyright fees among music user group, monitoring organization group, trust organization group and copyright holders, based on the monitoring information of the theme, background and signal music usage. This platform also provides the transparency in settlement and distribution process among stakeholders through smart contract system.