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A Study On The Collective Management System Of Copyright In South Korea

Posted on:2018-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:H Q CuiFull Text:PDF
GTID:2336330515960824Subject:Civil and Commercial Law
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Nowadays,with the advent of the digital age and the emergence of new media,the creative environment and mode of transmission of works have undergone profound changes.The use environment of copyright has expanded from the traditional offline market to the online network platform and use ways of works have been increasingly diversified.Different from tangible property,copyright realizes its value through more transmission and wider application.For example,the higher the transmission and utilization rate of music works is,the more familiar people are with the music.Then the music will become popular and copyright gains will increase.Copyright is different from the patent,and its rights are constantly refined and diversified with the development of science and technology.From China's first Copyright Law enacted in 1990 to the third amended version of Copyright Law,the type of work has increased by "acrobatic art works","architectural works","practical art works" and the rights content has added by "information network transmission rights".As a bridge between the copyright owners and users,the copyright collective management organization protects the interests of the copyright owners through effective management,as well as promotes the circulation of copyright in the market at home and abroad,maximizing the economic value of copyright.The organization plays a non-negligible role in copyright owners,work users and international use of works.In the process of planned economy to market economy,the collective management system of copyright in China is developing continuously.However,there is still a gap with the collective management system of South Korean copyright.South Korea's high-quality works have create the pinnacle of K-Pop,constantly exporting copyrights of music works and variety shows,so its works are frequently used in foreign regions.In this case of unprecedentedly active copyright circulation market,South Korean copyright collective management organization has also played an important role in safeguarding the interests of copyright owners and work users,promoting the development of public cultural industries,and as well as actively promoting the improvement of copyright collective management system.For example,they have introduced competition mechanism in the collective management organization of music works,breaking the system status that a work area can only have a copyright trust management organization.They have approved the establishment of a new collective management organization,forming a competitive pattern with the original music copyright association.And they have introduced an extended collective management system(ECL)in specific circumstances,extending the centralized management to non-member works.And the scope of the use of works has been extended.To make the users more convenient and quicker to use works,South Korea has established a comprehensive copyright information network platform—Digital Copyright Exchange,which provides search and contracting service of online usage license for music,writing and news so as to adapt to the changing market situation.Compared to that of South Korea,collective management system of China's copyright has a high threshold to join the collective management organization and high risk of use of non-member works,especially orphan works,and lacks digital service model of copyright.On the occasion of third revision of China's Copyright Law,it is necessary to take an in-depth understanding of the collective management system of South Korean copyright to find a reference program from South Korea's high efficient and standardized operation system.
Keywords/Search Tags:collective management of South Korean copyright, usage license, monopoly mode, trust
PDF Full Text Request
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