교육을 받을 권리의 실현을 위한 수업목적 저작물이용보상금제도의 개선방안에 관한 연구 - 음악대학 학생을 중심으로 -

Abstract

This paper aims to investigate and analyze the utilization of the compensation system for the use of copyrighted materials for educational purposes in music college, identify issues with the compensation system for the use of copyrighted materials for educational purposes, and propose improvements. The goal is to enhance the realization of the right to education for students majoring in music college. Although the Constitution of Korea defines the right to property as an economic fundamental right, it emphasizes on the social aspect of property rights in pursuit of a welfare state by allowing reasonable restrictions on the right to ensure it is compatible with the common good. When the right to education conflicts with copyright, recognizing limitations on the rights of copyright holders is essential to fulfill the public interest objective of education. In other words, reproduction, distribution, performance, broadcasting, and transmission of a portion of the copyrighted materials are allowed for educational purposes. Further, the Constitution strikes a balance between protecting the rights of copyright holders and ensuring that education serves the public interest by allowing the use of the entire copyrighted material depending on the nature of the material, the purpose of its use, and the form of utilization. Then, how might we evaluate the "Compensation System for the Use of Copyrighted Materials for Educational Purposes" from a constitutional perspective? Especially, what might be the intention behind restricting copyrights when considering the expanding the realization of the right to education for citizens, particularly students in higher educational institutions such as music colleges? This study aims to propose alternative solutions for ensuring the maximum guarantee of the functions and effects of fundamental rights that confront the practical issues of conflicts between the right to education and copyright in a harmonized manner. This is particularly relevant concerning students at music colleges receiving education in various musical genres and eras. In other words, the purpose of this study is to propose alternatives at the educational law level, aiming to supplement aspects that copyright law cannot address, while not undermining the spirit of copyright law. This is to facilitate the smooth implementation of students' music lessons, particularly those focused on modern music education, within music colleges for non-profit, purely educational purposes. To achieve this, the main objective is to examine the general content of the protection scope of the right to education and the of copyright. Additionally, the study aims to investigate the current state of music education in music colleges and the use of educational materials for this purpose. This is done through interviews with professors and students, analyzing the findings, and presenting improvements. The primary goal is to expand the realization of the right to education for music college students.