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뉴스(News)와 著作權

News and Copyright

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참고문헌

키워드

주제분류법학

초록

Abstract

News means information about recent events, now especially as reported in newspapers, on radio or TV, or via the Internet by dictionary. News plays very important role in the real society and economy. Nevertheless, there has not been so much discussion in the area of intellectual property related laws including copyright law. This paper focuses especially on how news is treated under such laws. News is basically in a form of literary work so that it can be protected as copyrighted work or neighboring right like broadcasting. Furthermore, it could be protected as database or online digital contents under IP-related laws. More specific topics to be considered are how the bright line between copyrighted work and uncopyrighted facts could be drawn, who the copyright owner is, whether even facts itself could be protected by laws other than copyright-related laws such as American Hot-News Doctrine, etc. But more concrete discussion about extent of copyright protection under newly-enacted provision on fair use is still question. This question must be considered in a balance with freedom of expression and free use of facts.

참고문헌 (9)

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  3. Morrissey v. Procter, "Kern River Gas Transmission Co. v. Coastal Corp", ~ (1990)
  4. 권영준, "전게서", ~
  5. 오승종, "저작권법" (2007), 박영사
  6. 심동섭, "개정 저작권법 해설", ~ (2006)
  7. 박성호, "인격권의 침해-저작인격권을 중심으로", 변호사:법률실무연구, 27, pp.~301
  8. 허희성, "저작인격권의 이론과 효용에 관한 연구", 박사, pp.1995
  9. 大澤恒夫, "IT分野と私的複製․引用に關聯する若干の檢討", ~ (2004)

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