콘텐츠 산업에서의 저작권 - 최근 1년간의 관련 판례들을 중심으로 - : The copyright issues in the Koreas contents industry — related to the cases for last one year -

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창작과 권리 No.67, pp. 110-173
사회과학서체도안의 저작물성아이디어-표현 이분법기능적 저작물모드칩 사건저작권 침해의 손해배상 산정인터넷 콘텐츠 관련 최신 판례저작권신탁관리계약의 효력저작권 남용특허권과의 비교copyright protection eligibility of typefaceidea-expression dichotomyfunctional workMod Chips caseestimation of damages for copyright infringementthe latest case law over internet contentlegal effect of copyright trust agreementcopyright abusecomparison with patents
In this article, the cases for last one year related to copyright issues of the Koreas contents industry are overviewed. Almost these cases are no more than lower court decisions because of the intrinsic nature of the contents copyright that it is usually more vulnerable to infringement and consequently yields less compensation for a creator when compared to patents. These decisions clarified that the key criteria for copyright protection of arguably original contents should be whether others could work without the same or similar expression to that of the original creators work. Also, in establishing the legal requirements of content copyright infringement, the rulings are affected by the U.S law in many aspect.
However, some positions in the recent cases are unreasonable on the point as follows: Korean courts in recent cases still insist on their past contradictory position about the copyright protection eligibility of typeface itself and font software. The courts arguably take a negative attitude to develop more suitable legal theories over the new internet environment when they tried to solve some copyright disputes in online contents. When interpreting the legal effect of copyright trust agreement, a court didnt appropriately consider the distinct feature of copyright.
Even so, under the rapid transition of copyright ecosystem in which the Koreas attitude have changed from a passive posture of the past to a rather aggressive position for copyright protection of the contents related to so-called Korean Culture Wave and the internet technology continuously evolved, the recent court judgments as a whole should be appraised as a faithful contributor to hitting the right balance which is required by Article 1, Korean Copyright Act.
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College of Law/Law School (법과대학/대학원)Dept. of Law (법학과)Journal Papers (저널논문_법학과)
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