동일성유지권에 관한 규정의 재검토
Revisiting the provision concerning the integrity right
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Nowadays, with the growth of the internet, copyright issues are becoming more important to the creation and circulation of works. Especially, as a result of the combination of the internet and digital technology, we are in the midst of a debate over the protection of the integrity right. The integrity right is considered as one of the author's moral rights protect the author's moral and mental interests because the work reflects and expresses the author's idea or feeling in a creative way. In Korea, the integrity right is established in article 13 paragraph 1 of Copyright Act. The wording of the provision is as follows : "The integrity right" is "the author shall have the right to preserve the integrity of the content, form, and title of his work." As we can see the article, Korean Copyright Act stipulates the wording of "the integrity of the content, form〔…〕of his work." This wording of the article has no exact counterpart in the integrity right provision of other countries. The wording as above is a unique feature of Korean Copyright Act. The objective of this paper is to the meaning of "the integrity of the content, form〔…〕of his work" by evaluating the existing arguments and legislative history of the integrity right. According to the study of the meaning of this wording, article 13 paragraph is influenced by French case law on the integrity right and German "content and form dichotomy" doctrine. From this perspective, this paper analyzes Korean case law on the integrity right infringement and examines the limit of the integrity right.
Abstract
Nowadays, with the growth of the internet, copyright issues are becoming more important to the creation and circulation of works. Especially, as a result of the combination of the internet and digital technology, we are in the midst of a debate over the protection of the integrity right. The integrity right is considered as one of the author's moral rights protect the author's moral and mental interests because the work reflects and expresses the author's idea or feeling in a creative way. In Korea, the integrity right is established in article 13 paragraph 1 of Copyright Act. The wording of the provision is as follows : "The integrity right" is "the author shall have the right to preserve the integrity of the content, form, and title of his work." As we can see the article, Korean Copyright Act stipulates the wording of "the integrity of the content, form〔…〕of his work." This wording of the article has no exact counterpart in the integrity right provision of other countries. The wording as above is a unique feature of Korean Copyright Act. The objective of this paper is to the meaning of "the integrity of the content, form〔…〕of his work" by evaluating the existing arguments and legislative history of the integrity right. According to the study of the meaning of this wording, article 13 paragraph is influenced by French case law on the integrity right and German "content and form dichotomy" doctrine. From this perspective, this paper analyzes Korean case law on the integrity right infringement and examines the limit of the integrity right.
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