Earticle

초록

영어

This article is trying to interprete database provider protection clauses under the current Korean Copyright Act. In 2002 revision, the Korean Copyright Act gives some exclusive rights to database producer. The protection, notwithstanding creativity standard to enjoy copyright as a compilation work, requires that a database has been substantially invested in its production and the investment substantially exploited without authorization. That right can be characterized as a sui-generis right with property rule. We can categorize the right to a neighbouring right such as the right of a performer, a phonogram producer or a broadcasting entity. Comparatively, the Korean Online Digital Contents Act, gives digital contents provider a protection oriented in unfair competition. Usually, the contents producer can be the database producer under the Copyright Act at the same time. Database provider in Korea can enjoy more powerful rights through Copyright Act. Meanings of the property rule regulation is to analyse in database protection. Just like European Union, the Korean attitude can be anticipated effectively to give incentive to the database industry. However, some opinions severely criticize the protection of database producer by property rule to be too much oriented for the right holder, They say the protection gives too much protection to the database producer, in comparison with the general public. Furthermore, they tell that the database protection has no good, because the "substantial" reqruirement is too ambiguous. However, this is too early a time, to assess the Korean Act's revision. The Korean law seems to accept the European Union's Database Directive completely. Therefore, E.U's experience will help Koreans in the future. The Korean Act will be interpreted to strike a good balance between database producer and general public.

목차

I. 시작하면서
 II. 비보호저작물로서 데이터베이스의 보호
  1. 개관
  2. 보호의 대상
  3. 권리의 내용
  4. 권리의 제한
 III. 데이터베이스이용의 법률관계
  1. 素材상 권리와의 구별
  2. 권리의 경합
  3. 이용·저촉관계
  4. 이용자의 보호
  5. 디지털콘텐츠 보호와의 관계
 IV. 비교법적 검토
  1. 유럽연합에서의 경우
  2. 미국에서의 경우
 V. 마치면서
 참고문헌
 Abstract

키워드

데이터베이스 데이터베이스 제작자 투자의 상당성 디지털 콘텐츠 권리부여방식 유럽연합의 데이터베이스지침 Database Database Producer Substantial Investment Digital Contents Property Rule E.U's Database Directive

저자

• 朴益煥 [ 박익환 | 인하대학교 법과대학 부교수 ]

참고문헌

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