년 - 년
WIPO 저작권조약(WCT)의 국내이행과 향후 과제 KCI 등재후보
한국지식재산학회 산업재산권 제14호 2003.11 pp.225-251
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6,600원
For the protection of copyrights in the internet ages, the WIPO convened a diplomatic conference in Geneva and produced the WIPO Copyright Treaty(WCT) and the WIPO Performances and Phonograms Treaty(WPPT) in 1996. The new features of the WCT included, amongst others, Right of Communication to the Public, Obligations concerning Technological Measures and Obligations concerning Rights Management Information. Korea has been implementing main features of the WCT in its Copyright Act and Computer Program Protection Act, either voluntarily or by the pressure of the United States, even before the ratification of the treaty. Last September, Korean Government decided to ratify WCT in the near future. This paper examined main features of the WIPO Copyright Treaty, Korea's internal procedure for the ratification, and implication of ratifying the treaty on Korean copyright laws. Considering the current situation of US concerns over Korean protection of copyrights, enactment of temporary copies and access control in Copyright Act and Computer Program Protection Act might be crucial controversies between the two countries. After examining the notions of temporary copies and access control, this paper discusses the relevant provisions of the WCT, the implementation of those provisions in other countries and possibility of their enactment in Korean laws. Finally, in the long term view, the possible inclusion of the WCT into the WTO TRIPs Agreement is discussed.
ASP서비스제공과 관련된 법률문제 -컴퓨터프로그램보호법을 중심으로 -
[NRF 연계] 한국비교사법학회 비교사법 Vol.11 No.3 2004.09 pp.573-601
※ 협약을 통해 무료로 제공되는 자료로, 원문이용 방식은 연계기관의 정책을 따르고 있습니다.
ASP service refers to a model providing various computer-related service for companies in order for them to maximize their competitiveness. ASP service providers rarely provides companies with total service pertinent to computer independently but commonly does through strategic alliance with ASP-suply Chain such as network system, platform system, application system, service system and operation system. For this reason, a license contract for ASP service has a feature which is intertangled with various contracts so that we can not treat it as just a contract. However, a series of these service means a wholesale offer whether an ASP service provider furnishes all service with companies independently or each of ASP components offers their service and the totality of their service composes ASP service. A license contract for ASP service is a bilateral one because an ASP service provider offers ASP service to ASP end users and they pay fees to the ASP service provider as a price for its service. A duty to offer service by the ASP service provider depends on the agreement between ASP end users and ASP service provider. Streaming service and Software on demand service are new technology in ASP service. Using in Streaming service, the temporary storage has the problem whether the concept of traditional reproduction regulate it or not and how to regulate it in case.
[NRF 연계] 강원대학교 비교법학연구소 강원법학 Vol.35 2012.02 pp.1-24
※ 협약을 통해 무료로 제공되는 자료로, 원문이용 방식은 연계기관의 정책을 따르고 있습니다.
Computer program works have been protected on Copyright Act since 1970s, but technical issues also have been developed and have changed the circumstances of protection of computer program works. Though these change of technical issues, Copyright act defines computer program as a set of instruction now as in ages past. So, GUI(Graphic User Interface) or SSO(Structure, Sequence and Organization) can not be protected under the definition of computer program works because Copyright Act define computer program as “a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result”. But many scholars assert non-literal element should be protected as a computer program works and US courts also sentence the non-literal element are protected as copyright works in several cases. In my opinion, the essence of computer program is not only on the instruction but also on the behavior of that computer program and SSO or interface should be protected only if the non-literal element is not bound on the idea-expression dichotomy. So, the definition of computer program works on Copyright Act should be revised so that the definition of computer program works satisfy the progressing result of computer program technologies.
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