출판사의 저작인접권 법개정안 연구 - 출판사의 권리 보호를 중심으로 -

Abstract

As a legislative body, the National Assembly has the duty to observe and improve the law. The duty to observe the law is a concept that includes the duty to investigate, and means to determine whether the law properly regulates social reality, and to systematically investigate, collect, and evaluate the necessary data for this purpose. As for the duty to improve the law, when a problem that was not foreseeable at the time of legislation arises and questions are raised about the facts on which the legislation is based, the legislator must examine whether the relevant legislation can exercise its function under the reality of the new norm. It means you have a duty to do. Despite the fact that all content is consumed on smartphones due to the recent generalization of smartphones, the content in the publishing field has various agreements related to publication (when only paper books are published, when only e-books are published, when both are published, etc.) Consumption is not smooth on the phone, and as a result, publishers' profits are not changing. In the case of music, the introduction of neighboring rights in the dual market of music and sound sources opened the market for compensation for pre-use and post-distribution, which not only revitalized the music industry of record producers, but also made it possible for consumers to conveniently meet all sound sources released in Korea on their smartphones. . On the other hand, in publishing, like books and electronic publications, there is no introduction of neighboring rights in the dual market, so contact points are not reduced and all are entrusted to the agreement between the publisher and the writer. be able to publish. In particular, in terms of the contract period, domestic publishing contracts are usually 3 to 5 years under the Copyright Act, but since the music production contract with a settled compensation market has neighboring rights, it is distributed on the platform as a sound source for a stable period of 50 years from the time the album is fixed. The legislator is obliged to improve the law through legal observation when it is recognized that there is a markedly changed situation from the time of legislation or an erroneous diagnosis of reality. Although distributive justice has been considerably realized due to the recent quantitative expansion of entertainment laws, in reality, there are still aspects of distributive justice within the cultural industry that are lacking, and the position of publishers in the Copyright Act is higher than that of other rights holders such as video producers and record producers. It still remains as an Article 63 publication right holder. Recently, amid high interest in the environmental rights of 'climate crisis', the publishing industry is aware that there is an aspect that the infinite increase of paper books infringes on the environmental rights, and readers are wondering why important publications are not meeting their readers due to out-of-print books. Certainly, there is an aspect that the e-publishing market is unstable. Accordingly, in this paper, a revision (draft) of the law for the introduction of neighboring rights by publishers is proposed to urge the National Assembly to legislate to overcome the equity between record producers and publishers.