저작권법상 보상금 관리단체의 분배율 개선방안

Abstract

The Copyright Act grants property rights so that the author and neighboring right holder can get paid appropriately. As property rights, there are exclusive rights that require permission from the copyright holder to use his copyrighted work; whereas there are right to claim remuneration that the users use the copyrighted work of a copyright holder in advance and pay the remunerations afterwards. Economic remuneration given to the author for the use of the copyrighted work requires the user to obtain permission from the copyright holder for the use of the copyrighted work in the case of exclusive rights, so economic remuneration conditions are also determined in the process of obtaining permission. However, in the case of the right to claim for remuneration, the question arises of how much remuneration to the copyright holder and how to distribute it to the copyright holder because it takes the form of using the work in advance without the permission of the copyright holder. To solve this problem, the Copyright Act requires the copyright holder to claim remuneration to designate a remuneration management organization and exercise it through the organization. The core function of the remuneration management organization is to collect the remuneration on behalf of the copyright holder and distribute it to him/her. However, the distribution rate of remuneration collected by the remuneration management organization and distributed to the copyright holders is lower than 70%, which requires urgent improvement. In order to improve this problem, the criteria for calculating of collecting the remuneration should be improved by pay as you go system based on the amount of the copyrighted works used, and the copyright registration system needs to be activated to prevent the orphaned copyrighted works. Additionally, the “Enforcement Decree of the Music Industry Progress Act” is supplemented so that authors and performers can also be mandatory to be displayed in case of commercial phonogram. Moreover, the authors should be notified when his/her copyrighted work is published in a subject book and it is necessary to waive remuneration for non-purchase materials, including degree papers that are not willing to receive the remuneration. Furthemore, it is also necessary to consider improving some of the undistributed remuneration by collectively distributing it to copyright holders who are believed to have the right to receive the remuneration.