• Title/Summary/Keyword: Copyright Law

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Copyright Issues in Nigeria: Analysis of Nigerian Copyright Commission Cases Between the Years 2008 - 2018

  • Adeyemi, Ismail Olatunji
    • International Journal of Knowledge Content Development & Technology
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    • v.10 no.1
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    • pp.71-82
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    • 2020
  • Nigeria Copyright Commission is saddled with the responsibility of ensuring adherence to the copyright law in Nigeria. However, it has been observed in the last decade that copyright right issue is still rampant in Nigeria. Therefore, this study analyzed cases that the Commission in involved in between years 2008 to 2018. The study adopted citation analysis. The study collected data from three selected law reports, which include Intellectual Property Law Reports, Nigerian Weekly Law Reports and Nigeria Law Intellectual Property Watch. It was found that Nigerian Law Intellectual Property Watch has the highest number of reports of cases involving Nigerian Copyright Commission while none was reported by Nigerian Weekly Law Reports. It was also found that most of the cases handled by the Commission were on copyright infringement. The study concludes that Nigerian Copyright Commission has been paying credible attention to issue that surrounds software infringement but there has been little attention paid to book piracy. Moreover, it was established that the poor attention given to book piracy may entrench the publication of pirated copy and would subsequently lead to poor library service provision at the long run.

A Study of the Possibility of Legal Protection of Fashion Designs under the Copyright Law - Based on the Review of the Requisites of Works of Authorship and their types - (패션디자인의 저작권법상 보호 가능성에 대한 고찰 - 저작물의 성립요건과 보호대상 저작물의 유형 검토를 중심으로 -)

  • Cho, Kyeong Sook
    • Journal of the Korean Society of Costume
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    • v.64 no.1
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    • pp.123-135
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    • 2014
  • The author has explored whether legal protection of fashion designs is possible under the current Korean Copyright Act with the purpose of promoting the understanding of the legal principles of the copyright law among fashion professionals. It examined the general provisions of the copyright law as well as the requisites for establishment of "works of authorship" and the types of protection stipulated by the copyright law, which are needed to understand the possibilities of legal protection for fashion designs under the law. It then analyzed several leading cases in the fashion designs sector for the interpretation of related legal principles. The Copyright Act defines "works of authorship" for protection as the creative works that express human ideas or emotions. Works to be legally protected under the law include artistic works that are equipped with the prerequisites for establishment of "works of authorship", or fashion designs that are equipped with the prerequisites for establishment of an independent applied artistic works whose originality is distinguishable from articles.

A Study on the Revision of Copyright Limitations for Libraries in Copyright Law of Korea (저작권법상 도서관관련 권리제한의 개정안 연구)

  • Yoon, Hee-Yoon
    • Journal of Information Management
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    • v.42 no.2
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    • pp.1-21
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    • 2011
  • The copyright law is the greatest legal tool for promoting access to knowledge and information by striking a balance between owners rights and users rights. For libraries, copyright limitations and exceptions are critical to meeting our missions to support learning and research, promote the flow of information, provide equitable access to information to the public, preserve intellectual and cultural heritage. Based on these reasons, this study analysed the limitation of copyright law of Korea for library, suggested improvement of reproduction for the library preservation and distribution including rental and lending, printout and transmission of internet information resources, copy of library materials which are rarely available through normal trade channel and government publications, reproduction and electronic transmission for persons with disabilities, and proposed fair use model(limitations on exclusive rights) for libraries.

A Study on Development of the Copyright Guideline on Reproduction and Transmission in Libraries (도서관에서의 복제 및 전송에 관한 저작권 지침 개발 연구)

  • Hong Jae-Hyun;Joung Kyoung-Hee;Lee Ho-Sin
    • Journal of Korean Library and Information Science Society
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    • v.36 no.1
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    • pp.505-525
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    • 2005
  • The purpose of this study is to suggest $\lceil$the copyright guideline on reproduction and transmission in libraries$\rfloor$ in order to produce and service works within the framework of the present Korean copyright law. The study examined researches on the library exemption regulation based on the present Korean copyright law and copyright remuneration. Also the study examined revised draft of present Korean copyright law. In the introduction Part of this guideline the purpose of the guideline is clarified and terms used in the guideline is defined. In the body of this guideline the copyright guideline on library exemption regulation(the article 28 in the Copyright Act of Korea) and copyright remuneration related to reproduction and transmission in libraries is in detail suggested.

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A theoretical review on the limitations of applying copyright law in the arts (예술창작에서 저작권법 적용의 한계에 대한 이론적 고찰)

  • Hong, Kiwon
    • Korean Association of Arts Management
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    • no.51
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    • pp.167-190
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    • 2019
  • Copyright law has functioned to certify the authorship and artistic identity of an artist as well as to remunerate the artist's labor in monetary terms. However, the legal stability of copyright law may be questioned and even challenged because it shares the ground with unfixed notions of the concept of art. This study is an attempt to find theoretical argument where such instability of copyright law stems from, by looking into the theories of Aesthetics and history of arts. The first argument builds up on the ambiguity of discriminating between the Aesthetic concept of expression and idea. The second argument illuminates how new conventions of creating art work and emerging ideals of making art prevents to accommodate copyright law in the fields of art. New art forms such as conceptual art and place specific art are such examples. Increasing role of public arts projects also questions the conventional adoptions of copyright law. Arts management is closely related with this phenomena since their job is to administer the complex situation of introducing artists to the knowledge of copyright law.

A Study on the Application of Copyright for Digital Maps in Korea (우리나라 수치지도의 저작권 적용방안에 관한 연구)

  • Heo, Min;Seo, Chang-Wan;Yoon, Ha-Su;Park, Hong-Gi;Choi, Yun-Soo
    • Journal of the Korean Society of Surveying, Geodesy, Photogrammetry and Cartography
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    • v.25 no.6_2
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    • pp.653-663
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    • 2007
  • The purpose of this study is to suggest concrete approaches of copyright application among various map price policies to establish the system of a digital map market, to revitalize its market, and to give the public better map services. To do this, we analyzed copyright law in Korea and the copyright protection of digital map in foreign countries firstly, investigated the applicability of copyright to the map market in Korea, analyzed the effect on this market, and suggested an direction of the revision for the Surveying law and the National Geographic Information (NGlS) law lastly. We drew several conclusions. Firstly, the protection of the rights of database makers is the best approach to protect digital maps in korea. Secondly, we need to adopt copyright to the Surveying law and the National Geographic Information Systems (NGlS) law. Lastly, establishing a copyright trust organization to improve the quality of digital maps and to manage various affairs is needed.

A Study on the Legal Relationship between the Copyright and the Contract for Digital Resources (디지털 자원에 대한 저작권과 계약간의 충돌관계 및 이에 대한 대응방안 연구)

  • Hwang, Ok-Gyung;Lee, Du-Yeong
    • Journal of the Korean Society for information Management
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    • v.21 no.3
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    • pp.125-139
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    • 2004
  • In this digital environment, license contracting and technical protection measure are being used by copyright holders as a means to restrict the rights of information users. The study reviewed the conflicting relationship between the copyright law and the contract law for digital resources the use of which is based on license contracting, and investigated the legal interpretations of the conflicting relationship between the two. And then based on the analysis of IF LA's position on copyright in the digital environment, the study suggested the expected role of librarians to cope with the technological overrides of copyright rules and to expand the rights of information users.

The Study on Copyright Limitations for Activation of Use of Public Works (공공저작물 이용 활성화를 위한 저작권 제한 연구)

  • Hong, Jae-Hyun
    • Journal of Korean Library and Information Science Society
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    • v.44 no.2
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    • pp.315-343
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    • 2013
  • Public works has been created by the taxes of the people, so free access and use of public works without charge in the public sector must be guaranteed for the benefit of the public. To do this, above all, a legal basis for solving the problems of the process for copyright should be to establish. Therefore, this study examined the legal concept of public works and the concept and scope of public institutions. And this study, as legislation case to limit the copyright protection of public works, analyzed the relevant provisions of copyright law and the recent revised plan in the U.S., UK, and Germany. And then I analyzed the regulations for limitation of copyright protection of current copyright law and the draft of copyright law on public works in Korea. Based on the results of these analyses, this study suggested the legal revised plan to expand significantly the limitations of copyright in order to activate the use of public works in the library.

Limitations on Exclusive Rights of Authors for Library Reprography : A Comparative Examination of the Draft Revision of Korean Copyright Law with the New American Copyright Act of 1976 (저작권법에 준한 도서관봉사에 관한 연구 -미국과 한국의 저자재산권의 제한규정을 중시으로-)

  • 김향신
    • Journal of Korean Library and Information Science Society
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    • v.11
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    • pp.69-99
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    • 1984
  • A dramatic development in the new technology of copying materials has presented us with massive problems on reconciling the conflicts between copyright owners and potential users of copyrighted materials. The adaptation to this changing condition led some countries to revise their copyright laws such as in the U. S. in 1976 and in Korea in 1984 for merging with the international or universal copyright conventions in the future. Copyright defined as exclusive rights given to copyright owners aims to secure a fair return for an author's creative labor and to stimulate artistic creativity for the general public good. The exclusive rights on copyrightable matters, generally for reproduction, preparation of derivative works, public distribution, public performance, and public display, are limited by fair use for scholarship and criticism and by library reproduction for its preservation and interlibrary loan. These limitations on the exclusive rights are concerned with all aspects of library services and cause a great burden on librarian's daily duty to provide balance between the rights of creators and the needs of library patrons. The fair use as one of the limitations on it has been coupled with enormous growth of a new technology and extended from xerography to online database systems. The implementation of the fair use and library reprography in Korean law to the local practices is examined on the basis of the new American copyright act of 1976. Under the draft revision of Korean law, librarians will face many potential problems as summarized below. 1. Because the new provision of 'life time plus 50 years' will tie up substantial bodies of material longer than the old law, until that date librarians would need permissions from the owners and should pay attention to the author's death date. 2. Because the copyright can be sold, distributed, given to the heirs, donated, as a whole or a part, librarians should chase down the heirs and other second owners. In case of a derivative work, this is a real problem. 3. Since a work has its protection from the moment of its creation, the coverage of copyrightable matter would be extended to the published or the unpublished works and librarian's work load would be heavier. Without copyright registration, no one can be certain that a work is in the public domain. Therefore, librarians will need to check with an authority. 4. For implementation of limitations on exclusive rights, fair use and library reproduction for interlibrary loan, there can be no substantial aggregate use and there can be no systematic distribution of multicopies. Therefore, librarians should not substitute reproductions for subscriptions or purchases. 5. For the interlibrary loan by photocopying, librarians should understand the procedure of royalty payment. 6. Compulsory licenses should be understood by librarians. 7. Because the draft revision of Korean law is a reciprocal treaty, librarians should take care of other countries' copyright law to protect foreign authors from Korean law. In order to solve the above problems, some suggestions are presented below. 1. That copyright clearinghouse or central agency as a centralized royalty payment mechanism be established. 2. That the Korean Library Association establish a committee on copyright. 3. That the Korean Library Association propose guidelines for each occasion, e.g. for interlibrary loan, books and periodicals and music, etc. 4. That the Korean government establish a copyright office or an official organization for copyright control other than the copyright committee already organized by the government. 5. That the Korean Library Association establish educational programs on copyright for librarians through seminars or articles written in its magazines. 6. That individual libraries provide librarian's copyright kits. 7. That school libraries distribute subject bibliographies on copyright law to teachers. However, librarians should keep in mind that limitations on exclusive rights are not for an exemption from library reprography but as a convenient access to library resources.

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The Study on the Creativity and Legal Status of Directing from Copyright Law Point of View (저작권법의 시각에서 본 연극연출의 창작성과 법적 지위에 관한 연구)

  • Jung, Young Mee
    • Journal of Korean Theatre Studies Association
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    • no.40
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    • pp.401-450
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    • 2010
  • This thesis purposes to suggest that creative stage directors have copyright ownership and we make them create high-quality of theatre direction. Stage directors are sincere creator of the theatre stage today. We have little judicial precedents about stage directors, no artistic examination related directing. Stage directors are performers who have neighboring rights, there is a problem that they won't have the exclusive right of making derivative works in this country. Others will make creation (such as cinemas, animations, novels) based on stage expression without permission, because stage directors don't have exclusive right of making derivative works. Copyright law can't protect the concept of stage directors and building blocks of them which are drama text, actors and theatre space, because copyright law don't protect idea according to idea/expression dichotomy. The expression of stage direction is belong to five fundamentals which are composition, picturization, movement, rhythm, pantomimic dramatization that are come from Dean & Carra's work. Directors' work is to make theatrical works based on literary works. Therefore, theatrical works are derivative works which based on drama texts. Also, theatrical works are able to be joint works. In the case of that stage directors write drama text and create expression on the stage, they have to own authorship of both works. Merger doctrine should not apply theatre directors' works strictly like any other functional works because stage directors usually create noble expression which have been not before. We need shift of the definition of theatrical works which are derivative works or joint works to protect theatre directors' creativity. Hereafter, the special legal section for dramatic(theatrical) works including the flexible legal definition for performing arts should be established, and 'contract form' for stage directors should be made. Acting edition(literary works) should be published to grant creative directors compensation. I emphasize to grant ownership of copyright to creative stage directors, to encourage directors' works. Therefore, copyright law will be the support for development of cultural arts institutionally.