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이상정 경북대학교 IT와 법연구소 2012 IT와 법 연구 Vol.0 No.6
This paper is on the problems of the public display in Copyright Law and the suggestions to solve them. The problems arise basically from the lack of balance between the interest of copyright owner and the public, from the insufficient support to the internet situation. For the harmonization of the interest between the copyright owner and the public, and to cope with the internet situation the copyright act must be revised as follows:1. The act 'display' must be included in Article 25 (Use for the Purpose of School Education, Etc.). So the phrase 'reproduce, distribute, perform publicly, broadcast, or conduct interactive transmission' among paragraph (2) and (4), must be changed as 'reproduce, distribute, display publicly, perform publicly, broadcast, or conduct interactive transmission'. 2. The article 32 (1), (3) should be revised as follows: (1) The owner of the original or a copy of art works, etc. or a person who has obtained them under the owner's authorization, may exhibit the original or the copy of art works. (3) A person who exhibits works of art, etc. under Paragraph (1), or who intends to sell originals of works of art, etc. may reproduce and distribute them in a pamphlet, and also display and transmit them in the open space including internet etc., for the purpose of explaining and introducing them. The display and transmission must be terminated immediately after the exhibition or the sale. 3. The article 32 (4) should be newly enacted as follows : (4) He who wants to sell the products containing applied art works, may reproduce and distribute them in a pamphlet, and also display, broadcast and transmit them in the open space including internet etc., for the purpose of introducing and promoting the products. The reproduction, broadcast, display and transmission must not exceed the scope of the introduction or promotion of the products, and they must be eliminated and terminated immediately after the sale.
이상정 서울시립대학교 서울시립대학교 법학연구소 2010 서울법학 Vol.18 No.1
Appropriation art is an important post-modern movement. But the artistic practices of appropriation artists, which involve copying images of earlier art works or popular media or advertising, come into conflict with the traditional copyright law. So there are many disputes and litigation. 'Someone v. Koons' is a good example. But appropriation art is not the evil itself. It's not nothing. Even though it's not everything, it's something. One of the appropriation artist, Rauschenberg said that he had received many letters from people expressing their happiness and pride in seeing their images incorporated and transformed in his work. Of course someone who are appropriated, said that he(she) was stunned to see one of his images so obviously borrowed without recognition. But some appropriation art is a viable art form that ultimately benefits society by adding new works to the culture. So it should be protected and preserved. It should Not be destructed and destroyed as the infringing article. One who has a legal profession should be an arbiter and think out the solution. There are 2 meaningful proposed solutions to the conflict between appropriation art and copyright law. One is an expansive reading of fair use defense, the other is the adoption of fine art compulsory license. This paper proposes the latter. In that scheme second artists could appropriate a first artist's work and pay a compulsory license fee. For the introduction of compulsory license there needs to amend the current copyright law. For the amendment this paper introduces Judith Bresler approach. The revised copyright act would create guidelines that both the courts and artists could follow.
학대 피해 경험이 있는 가정외보호 아동의 학교폭력에 영향을 미치는 원인 조건에 관한 탐색적 연구: 퍼지셋 질적 비교연구(Fs/QCA) 방법론의 적용
이상정,안은미,정익중 한국청소년복지학회 2017 청소년복지연구 Vol.19 No.4
Whereas it is known that the experience of abuse or family violence is an important determinant of youth violence in future, not all children with abuse experience perpetrate violence. This study was conducted to investigate in what conditions children with abuse experience commit or do not commit school violence. From the Panel Study on Korean Children in Out-of-Home Care, data of 28 children who aged from 12 to 13 in out-of-home care due to abuse were used for this study. Fuzzy-set qualitative comparative analyses showed that the combination of aggression and peer delinquency was the condition of high school violence. Also, it was found that there were two combinations for low school violence; the combination of low aggression and low peer delinquency, and the combination of low aggression and relationship with a primary caregiver. To prevent school violence of children with abuse experience, out-of-home care systems need to give attention to treatments of children’s aggression while carefully watching and intervening in negative peer relationships. The role of a primary caregiver in out-home care is also emphasized; specially paying attention to children with abuse experience and building a good relationship with these children will be important for future violence prevention. 어린 시절에 경험한 학대는 아동·청소년기의 폭력이나 범죄 행위의 중요한 요인으로 알려져 왔다. 그러나 학대를 경험한 모든 아동이 폭력 행위와 같은 부적응적 행동을 보이는 것은 아니며, 일부 아동은 학대로 인한 정신적 외상을 극복하고 성공적인 적응능력을 보이기도 한다. 본 연구는 학대를 경험한 가정외보호 아동의 학교폭력에 영향을 미치는 원인조건을 탐색하여 학교폭력 예방을 위한 가정외보호 체계의 정책적․실천적 함의를 찾고자 하였다.「한국가정외보호아동패널」연구에서 학대를 사유로 원가족과 분리되어 가정외보호를 받고 있는 것으로 보고한 아동 28명의 자료를 퍼지셋 질적 비교연구 방법(Fs/QCA)을 적용하여 분석하였다. 그 결과, 아동 개인의 높은 공격성과 높은 수준의 친구 비행의 조합은 높은 수준의 학교폭력의 원인 조건으로 나타났다. 또한 아동 개인의 낮은 공격성과 낮은 수준의 친구 비행의 조합, 그리고 낮은 공격성과 가정외보호 주양육자와의 긍정적 관계의 조합이 낮은 수준의 또래 폭력의 원인 조건으로 분석되었다. 이러한 연구 결과를 바탕으로 학대 경험이 있는 가정외보호 아동의 학교폭력을 예방하기 위한 방안을 논의하였다.