대학의 수업목적 저작물 이용 보상금제도의 문제점과 개선방안

Abstract

This is a study reviewing problems of compensation system for using a work for the purpose of education in university and proposing an improvement plan. According to the Korean Copyright Law, ElementaryㆍMiddleㆍHigh school, University and educational institutions and educational support institutions operated by the national or local government may use a part of a work without permission of the owner of author’s property rights. But a university or other institutions except ElementaryㆍMiddleㆍHigh school who intends to exploit a work shall pay compensation according to the criteria for compensation as determined and published by the Minister of Culture, Sports and Tourism, and the right to be compensated shall be exercised by an organization which is designated by the Minister of Culture, Sports and Tourism. This system is called ‘Compensation system for using a work for the purpose of education’. The Minister of Culture, Sports and Tourism clarified that enforcement of this system may improve the quality of education facilitating universities to provide all kinds of domestic and foreign works to students in varying ways in classes without worrying about infringement of copyright. But different to the position of the Minister of Culture, Sports and Tourism, ‘Compensation system for using a work for the purpose of education’ has many problems. First, article 25 of the Korean Copyright Law which enables to exercise the right to be compensated only through a collection organization and enables the collection organization to use undistributed compensations shall be abolished because it is likely to be unconstitutional excessively limiting owner’s exercise of intellectual property rights and trespassing on private property rights. Furthermore article 25 the Korean Copyright Law shall be deemed necessary to be amended to exempt payment of compensation for using a work at universities as with ElementaryㆍMiddleㆍHigh school in the consideration of appropriately promoting the public interest of education. There are varieties of problems in relation with the compensation system for using a work for the purpose of education at university; These problems include irrationality of criteria of compensation, lack of validity on meter-rate system and comprehensive system of computing compensation, duplicate payment paying royalty included in copy cost and compensation for using a work when copying a work at a reprographer to use for a class at university, lack of ability of collection organization to distribute compensation to the owner of author’s property rights, violation of equity of law enforcement imposing compensation only to universities out of target of collection. Therefore, it shall be required a rational improvement of criteria and a systematic complement for collection and distribution of compensation system for using a work for the purpose of education even when the compensation system is continuously kept.