국내 음악저작물시장에서의 신탁관리와 개선방안의 모색
Study on the issues of collective management and trustship agreement in domestic music market
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It is more probable that the recording companies will be located in business conflicts with collective management organizations rather than music publishing companies. Consequently, as more non-profit activities of the collective management organizations are allowed by the law and regulations, then the incentive for more profits from the side of recording companies will be shrinked. So, the idea of allowing more activity edges for the recording companies or making more divided trustship agreements by the copyright owner is better and more efficient in making the current music market grow faster than the idea of introducing competitive collective management organizations. Such a suggestion and understanding is streamlined well with the Korean Supreme Court rulings which deal with music trustship agreements. That is, the Supreme Court consistently ruled that only the trustee, collective management organizations, can manage the copyright entrusted as a sole right-holder. So, the copyright owner can utilize another chances of maximizing his/her property rights by making separate licensing contract before trustship agreement or by reserving some rights at the time of trustship agreement
Abstract
It is more probable that the recording companies will be located in business conflicts with collective management organizations rather than music publishing companies. Consequently, as more non-profit activities of the collective management organizations are allowed by the law and regulations, then the incentive for more profits from the side of recording companies will be shrinked. So, the idea of allowing more activity edges for the recording companies or making more divided trustship agreements by the copyright owner is better and more efficient in making the current music market grow faster than the idea of introducing competitive collective management organizations. Such a suggestion and understanding is streamlined well with the Korean Supreme Court rulings which deal with music trustship agreements. That is, the Supreme Court consistently ruled that only the trustee, collective management organizations, can manage the copyright entrusted as a sole right-holder. So, the copyright owner can utilize another chances of maximizing his/her property rights by making separate licensing contract before trustship agreement or by reserving some rights at the time of trustship agreement