개정 저작권법에 의한 상업용 음반의 의의와 실연자의 보상청구권에 관한 고찰

Abstract

The Korean Government has revised the Copyright Act in 2016 where the expression ‘music records for sale’ has been revised to ‘commercial music records’ to the effect of adaptation of the Act into changes in the digital era as well as of compatibility with international treaties relating to copyright. Even though the Korea Supreme Court has in some cases such as ‘Starbuck case(2010da87474)’, ‘Hi-Mart case(2016da204653)’ relating to limitation of the copyright and ‘Hyundai Department case(2013da219616)’ regarding the compensation to performers, decided the legal meaning of ‘music records for sale,’ its meaning was obscure. Upon these circumstances, the Copyright Act was revised in 2016, and the Korea Copyright Commission published a brochure named “Knowing the commercial music records according to the revised Copyright Act right.” However, disputes on its legal meaning does not seem to be finished yet, because some issues to be solved are still left. For example, when performing beyond regular using range of commercial music records, the owner of copyright or performers concern the unjust loss of opportunity to profit through sale. In this regard, any regulation to protect them should be supplementally legislated. In addition, I think that commercial music records in the Act should be based on performing legitimate music records. When any music is unlawfully transmitted in the internet, and anyone downloads the music to play without any authority, he should pay for public transmission of the music even in the small shop such as convenience’s store, chicken stores. This might aggravate unlawfulness, and therefore, any additional legislation is needed.