팬 번역의 법적 지위 개선에 관한 연구: 공정이용의 원칙을 중심으로
A Study on Improving the Legal Status of Fan Translation: With Emphasis on the ‘Fair Use’ Principle
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The advent and advancement of digital technology has allowed laypeople around the world to recreate licensed cultural products in their own way. For example, fans of Japanese manga and anime translate and edit their beloved titles and share the translations in their online fandom for common knowledge and interaction. This article revolves around 'fan translation', the unofficial translation by a fan (or a group of fans) of various forms of media, including movie, video game, and comic. The paper begins with discussions about the legal status of fan translation under the existing copyright laws and two positive viewpoints of fan translation practices (i.e., (1) Fan translation hardly causes harms to those related to the copyrighted materials and (2) it has highly beneficial effects on copyright holders, businesses and society). The article then proceeds to delve into the legal status of fan translation from the perspective of the US's fair use provision (17 USC 107). The final section looks into the legal status of fan translation under Korea's new copyright law and suggests ways to ensure that it can be accepted as legal or legitimate.
Abstract
The advent and advancement of digital technology has allowed laypeople around the world to recreate licensed cultural products in their own way. For example, fans of Japanese manga and anime translate and edit their beloved titles and share the translations in their online fandom for common knowledge and interaction. This article revolves around 'fan translation', the unofficial translation by a fan (or a group of fans) of various forms of media, including movie, video game, and comic. The paper begins with discussions about the legal status of fan translation under the existing copyright laws and two positive viewpoints of fan translation practices (i.e., (1) Fan translation hardly causes harms to those related to the copyrighted materials and (2) it has highly beneficial effects on copyright holders, businesses and society). The article then proceeds to delve into the legal status of fan translation from the perspective of the US's fair use provision (17 USC 107). The final section looks into the legal status of fan translation under Korea's new copyright law and suggests ways to ensure that it can be accepted as legal or legitimate.
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