‘관련 산업의 향상발전’이 추가된 현행 저작권법의 목적규정 검토
Reviewing the Purpose Section of Korean Copyright Act
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The Purpose Section(the first Section) of Korean Copyright Act has been revised in 2009 that the ultimate goals are the development of the culture and ‘related industries.’ The previous Purpose Section paid clear attention to the development of the culture without ‘the related industries.’ It would seem to be nothing special that whether the phrase of ‘the related industries’ is added to the purpose of Korean Copyright. That is why copyright adheres to the related industries under the circumstance of expanding the newly emerging creative industries and their market in modern society. But in reality the addition of ‘the related industries’ to the Purpose Section has modified the fundamentals of Copyright Act, and we have to pursue dual goals for seeking the development of culture and industry after the Revision. The Purpose Section is not a decoration, but a starting point for legal decision and policy in order to protect the right of author and to promote the fair use of works. This article examines the existing Purpose Section of Korean Copyright Act, demonstrates analytical and problem solving. In light of the substance, the historical development of copyright law and the existing legislations related to the creative industries, it is right that the Purpose Section has to convert back to previous version of the revision in 2009, which is “The purpose of this Act is to protect the rights of authors and the neighboring rights and to promote fair use of works in order to contribute to the improvement and development of the culture.”
Abstract
The Purpose Section(the first Section) of Korean Copyright Act has been revised in 2009 that the ultimate goals are the development of the culture and ‘related industries.’ The previous Purpose Section paid clear attention to the development of the culture without ‘the related industries.’ It would seem to be nothing special that whether the phrase of ‘the related industries’ is added to the purpose of Korean Copyright. That is why copyright adheres to the related industries under the circumstance of expanding the newly emerging creative industries and their market in modern society. But in reality the addition of ‘the related industries’ to the Purpose Section has modified the fundamentals of Copyright Act, and we have to pursue dual goals for seeking the development of culture and industry after the Revision. The Purpose Section is not a decoration, but a starting point for legal decision and policy in order to protect the right of author and to promote the fair use of works. This article examines the existing Purpose Section of Korean Copyright Act, demonstrates analytical and problem solving. In light of the substance, the historical development of copyright law and the existing legislations related to the creative industries, it is right that the Purpose Section has to convert back to previous version of the revision in 2009, which is “The purpose of this Act is to protect the rights of authors and the neighboring rights and to promote fair use of works in order to contribute to the improvement and development of the culture.”
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