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- 저자 : 현지원 ( Hyun Jeewon ) (검색결과 1 건)
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무형의 재산권이 보여주는 공유 경제의 새로운 지평 - 저작권법 제31조와 제35조의3을 중심으로 -
현지원 ( Hyun Jeewon ) 연세대학교 법학연구원 의료·과학기술과 법센터 2016 연세 의료·과학기술과 법 Vol.7 No.2
Sharing is becoming a new way of property ownership in the future society. This change is not limited to material objects. Intellectual property protection also does not give an absolute solution, either. In this paper, Copyright Law will be discussed which is one of Intellectual Property Law. When we think about `Copyright`, it is easy to consider only its protection side. Completely protected property, however, is no better than worthless virtue. According to related statistics, it is discovered that Copyright holders actually have positive view of sharing their own literary work. Thus, technologies that overprotect literary property need to be avoided. For this reason, the problem of excessive technology that stops property from being shared was examined first and sharing economy system was suggested as an alternative solution in this research. Publication was also discussed which is a sharable literary property for both public and copyright holders. It has been essential for sharing knowledge through facilities called a library. Along with development of scientific technology, information from books happened to be able to be shared with people through other different forms besides physical objects, `books`. The fact that regulations for libraries in Copyright Law of Korea, on the other hand, are as extremely strict as the ones with restrictions was found while the range of sharing in global trends has been expanding. In this research, the way of gaining validity for sharing literary property was examined closely through Google Library Project. Sharing situation of literary property in social networks was discussed in the following context as well. The review of Item 3 of Article 35 in Fair Use Doctrine was required in this process and the certain conditions that literary property needs in order to be eligible for Fair Use Doctrine when it is shared in social networks. In particular, ones with or without advertisements, continuing ones and completed ones were all examined separately. Creating only literary property itself has been gradually declining in the modern society. However, more people start providing property for free, like Webtoon for example, and make a profit using additional ways such as selling goods, advertisements or etc. Thus, purchasing property through a complicated payment system can be less competitive in this case. Sharing literary property is a structure that can be beneficial for copyright holders and consumers both. Nevertheless, it does not necessarily mean that all literary property has to be shared. But sharing for public interest such as libraries is needed in a certain aspect and as I mentioned earlier, it could bring a positive impact on copyright holders such as advertising their own works. Therefore, we should move forward by pursuing better ways of exposing literary property to consumers rather than questioning the ways to prevent it from leaking.
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