The purpose of the Copyright Act is to protect the rights of authors and the rights neighboring them and to promote fair use of works in order to contribute to the improvement and development of culture. However, if the 'work', a creative production b...
The purpose of the Copyright Act is to protect the rights of authors and the rights neighboring them and to promote fair use of works in order to contribute to the improvement and development of culture. However, if the 'work', a creative production belonging to the category of original literary, scientific or artistic works, is used only by the author who creates the work, the spirit and the purpose of the Copyright Act will be meaningless. Therefore, when the public can access to the using of the 'work', the meaning of the Copyright Act can be reflected.$$a$$aThis study is to find out the case where the author''s property right may be limited for the public interests, etc. especially focusing on broadcasting, and to see through whether or not the limitation is reasonable and appropriate.$$a$$aThe form of the limitation of the author''s property right was classified into 3 parts, and the limitation articles of the Copyright Act relating to the broadcasting was researched, to discover the required conditions and appropriation to use other''s 'work's practically in the broadcasting area.$$a$$aThe broadcasting is an implementation to fulfill the citizen''s right to know and a precondition to reveal citizen''s character. As the freedom of speech can be restricted by Act only when necessary for national security, maintenance of law and order or for public welfare, the limitation of author''s right for the broadcasting should be authorized more appropriately and reasonably than any other cases.$$a$$aIn this study, the articles of the limitation of author''s right at our Copyright Act for the broadcasting were a little insufficient compared with the Acts of U.S.A., Japan, Germany, etc. And the critical issue lies as to whether our Act, as it stands, can cover sufficiently new 'work' and its utilization in the time of the multimedia.$$a$$aUltimately, it can be solved by amendment of the Act or new system, but to operate reasonably and flexibly with the present Act at this moment. Therefore, we should draw a line of demarcation between the necessity of protection for the author''s Copyright and others, to operate the limitation of author''s right properly for attaining 'to protect the rights of authors and to promote fair use of works in order to contribute to the improvement and development of culture', the spirit and the purpose of the Copyright Act.$$a$$a