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    대중예술인 보호를 위한 법적 방안 연구- 문화예술진흥법 제2조 개정을 중심으로 - = A Study on the Legal Framework for the Protection of Popular Artists:Focusing on the Revision of Article 2 of the Culture and Arts Promotion Act

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    https://www.riss.kr/link?id=A110046357

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    The contemporary cultural and artistic environment is undergoing rapid transformation driven by the advancement of digital technologies, the expansion of platform industries, and the growth of the global content market. Amid this change, the scope of popular artists’ activities has expanded across both physical and virtual domains. However, Article 2 of the current Culture and Arts Promotion Act still retains the linguistic framework and conceptual understanding of the 1970s, failing to adequately reflect the realities of contemporary artistic practices. As a result, new types of artists—such as platform-based creators, virtual performers, and metaverse entertainers—are excluded from the scope of legal protection and policy support. This study analyzes the existing legal framework for the protection of popular artists and its limitations, and proposes the need to revise the definition of “performance arts” in the Culture and Arts Promotion Act through a modern reinterpretation. In particular, the proposed amendment categorizes the concept of performance arts into three domains—broadcasting, online video content, and digital creation—thereby refining the outdated notion of “performance” to reflect contemporary technological and industrial developments. This is not a mere linguistic revision but an institutional attempt to redefine the concept of culture and the arts by recognizing the diversity of media and the expansion of creative forms. Furthermore, the amendment to Article 2 of the Culture and Arts Promotion Act is expected to enhance structural coherence among related laws governing cultural promotion, artists’ welfare, content industry development, and copyright protection. By establishing a shared definitional foundation, the revised Act could facilitate the creation of an integrated legal framework that harmonizes these interrelated systems. Accordingly, this amendment should not be regarded as a simple textual change but as a legislative restructuring designed to respond to the evolving cultural and artistic ecosystem.
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    The contemporary cultural and artistic environment is undergoing rapid transformation driven by the advancement of digital technologies, the expansion of platform industries, and the growth of the global content market. Amid this change, the scope of ...

    The contemporary cultural and artistic environment is undergoing rapid transformation driven by the advancement of digital technologies, the expansion of platform industries, and the growth of the global content market. Amid this change, the scope of popular artists’ activities has expanded across both physical and virtual domains. However, Article 2 of the current Culture and Arts Promotion Act still retains the linguistic framework and conceptual understanding of the 1970s, failing to adequately reflect the realities of contemporary artistic practices. As a result, new types of artists—such as platform-based creators, virtual performers, and metaverse entertainers—are excluded from the scope of legal protection and policy support. This study analyzes the existing legal framework for the protection of popular artists and its limitations, and proposes the need to revise the definition of “performance arts” in the Culture and Arts Promotion Act through a modern reinterpretation. In particular, the proposed amendment categorizes the concept of performance arts into three domains—broadcasting, online video content, and digital creation—thereby refining the outdated notion of “performance” to reflect contemporary technological and industrial developments. This is not a mere linguistic revision but an institutional attempt to redefine the concept of culture and the arts by recognizing the diversity of media and the expansion of creative forms. Furthermore, the amendment to Article 2 of the Culture and Arts Promotion Act is expected to enhance structural coherence among related laws governing cultural promotion, artists’ welfare, content industry development, and copyright protection. By establishing a shared definitional foundation, the revised Act could facilitate the creation of an integrated legal framework that harmonizes these interrelated systems. Accordingly, this amendment should not be regarded as a simple textual change but as a legislative restructuring designed to respond to the evolving cultural and artistic ecosystem.

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