K-POP시대 엔터테인먼트법제의 정비방향

Abstract

As seen in the craze of K-Pop all over the world, the Korean entertainment industry of “Korean Wave”(Hallyu) has been drastically developed with famous singers and actors. The trend will also be expected to grow as a precious cultural industry in the future. At this point, some issues complementing legal and structural system should be raised in the field of entertainment industry. First of all, the spread of K-Pop around the world is closely related to the development of SNS, so the strain on its ownership has imperatively generated. That is, the protection of ownership right for creative contents has taking placed in the area of digital environment. Recent ownership law on “The Free Trade Agreement between European Union and the Republic of Korea” was agreed, ratified in the National Assembly, and finally revised on June 30, 2011. Of the clauses of law, the technological protection on cloud computing service and the liable limitation of online service providers were considerably revised. Second, with the glowing “Hallyu” trend, the issue of economic protection for the right of portraits or names has emerged. So, the issue of legal system of "the Right of Publicity" should be introduced, for the right has approved by judicial precedent in the current trial of a lower court. The Right of Publicity generally means an exclusive right that a person controls his or her portrait or name for his or her own commercial interest. The right focuses on the economic aspect, especially in portrait, so it is distinguished from the traditional portrait right implying personal rights. In case that others make commercially use of portrait or name without permission of the subject of this right, the Right of Publicity is infringed because the subject loses economical interest for wrong contract with others. So, on this reasonal base, the Right of Publicity needs to be approved as a special right. Third, according to the age of K-Pop, the new establishment of fare system should be reviewed in the area of production or distribution of cultural contents. In order to enhance the critical competition in the cultural industry, “the Act of Development and Support for the Public Culture and Art Industry” should urgently be enacted. The overall inspection for legal clauses in “Contents Industry Promotion Act” is also required. A tentative measure such as culture industry support or contents development fund, should be discussed as well. Finally, to grow the trend of K-Pop beyond Asia, the infra-structure on the legal act for entertainment should be provided for its spread to Europe and America. As a result, the provision of legal infra-system and the research on the structure will help activate domestic industry as well as world market.