展示와 관련된 저작권법상의 쟁점에 관한 일고

Abstract

This paper is on the problems of the public display in Copyright Law and the suggestions to solve them. The problems arise basically from the lack of balance between the interest of copyright owner and the public, from the insufficient support to the internet situation. For the harmonization of the interest between the copyright owner and the public, and to cope with the internet situation the copyright act must be revised as follows:1. The act 'display' must be included in Article 25 (Use for the Purpose of School Education, Etc.). So the phrase 'reproduce, distribute, perform publicly, broadcast, or conduct interactive transmission' among paragraph (2) and (4), must be changed as 'reproduce, distribute, display publicly, perform publicly, broadcast, or conduct interactive transmission'. 2. The article 32 (1), (3) should be revised as follows: (1) The owner of the original or a copy of art works, etc. or a person who has obtained them under the owner's authorization, may exhibit the original or the copy of art works. (3) A person who exhibits works of art, etc. under Paragraph (1), or who intends to sell originals of works of art, etc. may reproduce and distribute them in a pamphlet, and also display and transmit them in the open space including internet etc., for the purpose of explaining and introducing them. The display and transmission must be terminated immediately after the exhibition or the sale. 3. The article 32 (4) should be newly enacted as follows : (4) He who wants to sell the products containing applied art works, may reproduce and distribute them in a pamphlet, and also display, broadcast and transmit them in the open space including internet etc., for the purpose of introducing and promoting the products. The reproduction, broadcast, display and transmission must not exceed the scope of the introduction or promotion of the products, and they must be eliminated and terminated immediately after the sale.