일본 저작권등관리사업법의 검토 및 시사점

Abstract

The Management Business of Copyright and Neighboring Rights plays an important role in dealing with the right of works, in-person performances, records, broadcasting, and wire broadcasting (hereinafter referred to as ‘copyright and neighboring rights’), and the provisions of the 「Law on Brokerage Business of Copyright」 in Japan regarding such business have brought up opinions asserting that the 「Law on Brokerage Business of Copyright」 was not appropriate according to the changes in technologies or social circumstances. To address these problems, the Japanese Copyright Commission installed the intensive right management subcommittee, reviewed the law, and submitted the final report in January 2000 and the 「Law on Brokerage Business of Copyright」 was abolished. Accordingly, the 「Law on Management Business of Copyright and Neighboring Rights」 was newly established and it has been put in force since October 1, 2001. In this study, the copyright trust management system in the said law was reviewed, the discussions about the establishment of Law on Management Business of Copyright in Korea and the changes in systems related to copyright trust management were examined, and the implications of copyright trust management system in Japan were reviewed. Since the establishment of the 「Law on Management Business of Copyright and Neighboring Rights」 in Japan, the discussions about the establishment of law on management business of copyright and the revision of the Copyright Act for the copyright trust management business have been carried out in Korea, but discussions on the changes in expanded intensive management system, trust range selection system, commercialization of copyright trust management business, copyright manager system, and copyright trust management business report system are currently underway. Recently, the introduction of expanded intensive management system with regard to legislation is being promoted. Introduction of systems beneficial to right holders and users with regard to works accompanies various overseas cases and discussions, and in this regard, it is necessary to review the cases of the 「Law on Management Business of Copyright and Neighboring Rights」 in Japan and continuously introduce the necessary parts for the copyright system in Korea in future.