Earticle

초록

영어

This paper discusses the issues related to the obligation to indication of sources. Over the past few years, a considerable number of studies has been conducted on the plagiarism, including quotation. The most controversial topic in plagiarism at present is self-plagiarism or re-contribution. And the central problem of judging whether it is plagiarism or not is indication of sources. Therefore it is necessary to take a close look at the indication of sources. However there has been no or little study that tried to focus on the obligation to indication of sources itself. Although principally plagiarism has provoked a controversy, I would like to limit the discussion to the obligation to indication of sources in this article. As the purpose of this paper is concerned, I think it is not necessary to discuss plagiarism in detail. So, I will concenturate on the following issues. (i)leagal nature of the obligation to indication of sources, (ii)reason of imposing the obligation to indication of sources, (iii)examination of Limitation regulation to author's property rights,(iv)Relation to moral rights, neibouring rights and other rights in copyright act, (v)Other related problems. Futher resarch on the obligation to indication of sources would clarify the association of indication of sources and plagiarism or quotation.

목차

Ⅰ. 서론
 Ⅱ. 출처명시의무의 근거와 법적 성질
  1. 출처명시의무의 근거
  2. 출처명시의무의 법적 성질
 Ⅲ. 저작재산권 제한 규정의 검토
  1. 의의
  2. 미공표저작물을 이용하는 경우
  3. 미술저작물 등의 원본 소유자에 의한 전시
  4. 출처명시의무가 면제되는 경우
  5. 프로그램에 대한 적용 제외 규정의 문제점
 Ⅳ. 저작인격권 등과의 관계
  1. 저작인격권과의 관계
  2. 저작인접권과의 관계
  3. 데이터베이스제작자의 권리와의 관계
  4. 복제권자의 표지의무
 Ⅴ. 출처명시의무 위반에 대한 구제
  1. 출처명시의무 위반에 대한 민사적 구제
  2. 출처명시위반죄
 Ⅵ. 결론
 참고문헌
 

키워드

출처명시의무 표절 저작재산권의 제한 인용 저작인격권 복제권자의 표지의무 Obligation to indication of sources plagiarism Limitation to author's property rights Quotations Moral rights Obligation to indicate a notice of the owner of the right of reproduction

저자

• 김형렬 [ Kim, Hyoung-Ryel | 경희대학교 국제법무대학원 강사, 법학박사 ]

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