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A comparative Study on the Protection of Digital Works in Korea and Germany

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2019, (26), pp.23-46
  • DOI : 10.31839/ibt.2019.07.26.23
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law
  • Received : June 19, 2019
  • Accepted : July 10, 2019
  • Published : July 31, 2019

Choi, Sang Pil 1

1동아대학교

Accredited

ABSTRACT

Around 2000, Korea and other countries entered the digital age. While digitized information consisting of digital works and other content can be rapidly disseminated based on computers and the Internet to improve the technical and cultural level of our society at once, it also implies many rights-infringement elements, and thus strong legal protection against them should be dealt with very important. Unlike traditional works, digital works can be disseminated and used with little or no time and place constraints, so legal regulations alone within the country in which they were created do not provide sufficient protection. In other words, since the advent of the digital age is a worldwide phenomenon, global cooperation is needed to distribute and protect digital works. The EU has already issued a number of new guidelines for uniform law enforcement in line with the EU's expansion on May 1, 2004, and guidelines for the maintenance of various uniform regulations in the copyright sector. Germany's Copyright Act, which has been revised in a very timely manner to accommodate these guidelines, will be the most successful legislative case on digital copyright protection. The Korean Copyright Act has been revised several times in line with the digital information age, and it would be very meaningful if we could analyze the merits and demerits of the German Copyright Act to find useful legislative improvements.

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