확대된 저작권 집중관리 제도의 도입에 관한 연구

Abstract

In recent years, the extended collective licensing(ECL) system for copyright has been drawing extensive attention from scholars, officials and legislators of Korea from the viewpoint that its introduction can promote the effective use of copyrightable works. After examining the necessity of its introduction, the compatibility with the international treaties including Berne convention and WPPT, and the various concerns that people against this system raise, this article explores the specific areas where ECL system can be introduced. It is based on a positive perspective toward ECL system. The introduction of ECL system is necessary for following four reasons. Firstly, it will make significant contribution to solving the problem that people can not use enough works to meet the needs that has increased exponentially through digital revolution, due to too high transaction cost related to the exclusivity of copyright. Secondly, it will help users use almost all the works of certain genre under the contract with a representative collecting society without concern for being illegal. Thirdly, it can benefit copyright holders in substance while it does not harm the economic and moral rights of them. Lastly, it can contribute to revitalizing the copyright collective system. And, the conclusion of this article is that ECL system does not conflict with the copyright treaties including Berne Convention and WPPT because it can be regarded as a kind of copyright management system that respect the exclusivity of copyright holders by giving them veto rights and benefit them by decreasing the transaction cost. Also in my view, the conclusion above has been being approved generally in international society after the adoption of EU copyright directive of the year 2001. Finally this article suggests that the applicable areas of ECL should include i) photocopying literary works(including illustration) with public copier for private use, ii) the mechanical reproduction and public performance or communication of musical works, iii) digitalization and public transmission of academic theses for the purpose of education and research iv) digital reproduction or public communication of performance and phonogram of musical works when the system is introduced in a new legislation.