Earticle

초록

영어

Copyright is a private right that provides a copyright holder creating a copyrighted work an exclusive right by law and thus in principle a holder of right individually exercises his right. However, it is quite inconvenient for a large number of right holders and users to locate each other and enter into negotiations and actually difficult for a right holder to manage his works, considering that there are various users, regional uses, and ways to use. Accordingly use of copyrighted works through collecting societies is necessary in order to effectively facilitate and manage them. The operation of collective management is slightly different from country to country, some regulated under copyright law and others regulated under special laws such as Japan and Germany. Korea has a legal system under which copyright trust services are regulated as a permission system and on the other hand copyright agency or brokerage services as a report system. Recently a considerable change as regards the use and circulation of copyrighted works has happened as digital network environment has been established. Under this change, a demand for copyright management of copyright holder has got diverse and the establishment of a new copyright management system utilizing outcomes of technological innovation has been developed. The objective of copyright collective management, the protection of copyright holders and assurance of convenience of users, remains unchanged, but it is also necessary that legal foundation appropriately cope with circumstantial changes. In addition, the operation scheme of copyright collective societies to permit societies in plural number such as the U.S. and Japan and leave their application to market principles should be taken into account, considering copyright holders’ longing for an amelioration of copyright collective management such as an abuse of prominent positions brought about by the application of a small number of copyright trust services. Relevantly, the enactment of the 『Copyright Management Business Law』 has been under discussion. This bill includes the improvement of copyright collective management, the embodimentof tasks and obligations of copyright reward management societies, the introduction of Extended Collective License, the arrangement of discussion and settlement system for copyright royalty, the introduction of copyright manager system and the establishment and operation of integrated network. However, collecting the opinions of interested parties is requisite ahead of the enactment of the new law. The government support is necessaryto have the system to resolve the handling and payment of royalties en bloc and apply it in substance for revitalization of use through collective societies and the minimum of government intervention needs to be kept up.

목차

Ⅰ. 서설
 Ⅱ. 현행 저작권법상 집중관리제도
  1. 위탁관리의 구분
  2. 주요 내용
 Ⅲ. 주요국의 현황
  1. 미국
  2. EU
  3. 일본
 Ⅳ. 저작권관리사업법(안)
  1. 제정취지
  2. 주요내용
 Ⅴ. 저작권관리사업법(안)의 검토
  1. 집중관리제도의 개선
  2. 확대된 집중관리제도
  3. 저작권 이용료에 대한 협의 및 조정
  4. 저작권관리사 제도 도입
  5. 과징금 및 허가의 취소 등
  6. 집중관리단체의 영리화
  7. 이용허락 창구의 일원화
 Ⅵ. 마치며
 참고문헌
 ABSTRACT

키워드

저자

• 윤선희 [ Yun, Sun-Hee | 한양대학교 법학전문대학원 교수 ]
• 조용순 [ Cho, Yong-Soon | 조선대학교 법과대학 겸임 교수, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  산업재산권 [Journal of Industrial Property]

• 간기

  계간

• pISSN

  1598-6055

• eISSN

  2733-9483

• 수록기간

  1995~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 367 DDC 346