IPTV사업자의 저작권 보호

Abstract

With the IPTV service launching, digital convergence between broad- casting and telecommunication is grounded on the internet protocol based network technologies and these technologies are making the border of broadcasting and telecommunication ambiguous. Therefore, IPTV have chararcteristics of IP-based networks and multimedia services at the same time. IPTV service have something in common with telecommunication and also have something in common with broadcasting. Copyright Act makes an distinction between broadcasting and telecommunication on the basis of simultaneousness test. The regulatory or systematic issues will be resolved as the Committee on the Broadcasting and Telecommunication Convergence works on those issues. Even though it is not easy to resolve copyright issue, copyright issues on the broadcasting and telecommunication convergence should be resolved taking copyright policy into consideration. The contract of products with an outside order has the characteristics of a contract for work, so it is the principle that possessive right of broadcasting programs belong to an orderer. But it is possible to occur explanatory conflict between contract and copyright because a copyright becomes to reverse to a manufacturer by the principle of reversion. The article of a full transfer about a copyright stated in the contract of broadcasting products contains the possibility that the principle of creator's reversion by a copyright law can be violated by the principle of the freedom of contract. Especially a transfer contract of a copyright is being achieved under the principle of the freedom of contract for all copyrighter's disadvantage, so problems of unfair contracts can be caused. Other legal conflicts might be occurred because laws connected with broadcasting and legal concept of a copyright law are not accorded.