Earticle

초록

영어

The exercise of subjective rights contributes to the goals of the community in the sense that society makes each individual an advocate of the general interest. Hence, every subjective right must tend towards the goal for which it has been granted. Any exercise of a right that is incompatible with purpose for which it was conferred would amount, under this conception, to a misuse of rights. The immediate effect on copyright law is to secure a fair return for an author's creative labor. But the ultimate aim is, by this incentive, to stimulate artistic creativity for the general public good. The limited scope of the copyright holder's statutory monopoly, like copyright limitation, the limited copyright duration, and compulsory licences required by the copyright law, reflects the balance of competing claims upon the public interest. Copyright licensing agreement or exercise of copyright amounted to misuse of its copyrights, if copyright licensing agreement goes essentially attempts to suppress any attempt by the licensee to independently implement the idea, copyright limitation, and the limited copyright duration which copyright subject matter, and if the copyright was used as leverage to gain competitive advantages over licensees in areas beyond the scope of the limited privileges conferred by the copyright.

목차

I. 서론
 II. 저작권 제한규정의 법적성질
  1. 강행규정과 임의규정
  2. 저작재산권 제한규정의 법적성질
 III. 부당한 저작물 이용허락계약의 제한과 그 한계
  1. 계약자유의 제한과 그 한계
  2. 독점규제법에 의한 제한과 그 한계
 IV. 부당한 저작권 이용허락계약의 제한의 필요성
 V. 결론
 참고문헌
 Abstract

키워드

저작권 제한 저작권 한계 저작물 이용허락 저작권 남용 부당한 저작권의 행사 계약자유의 제한 mistaken copyright exercise restriction of copyright limitation of copyright abuse of copyright copyright licensing

저자

• 유대종 [ Yu, Daejong | (주)엠파스 법무팀장, 법학박사 ]

참고문헌

발행기관

간행물