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A Critique on the parody in the Korean Copyright Act

  • DONG-A LAW REVIEW
  • 2012, (57), pp.231-257
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Kye, Seung-Kyoon 1

1부산대학교

Accredited

ABSTRACT

This paper is devoted to examining a parody from the viewpoint of legal perspective, especially centering around the Korean Copyright Law. A parody is one of the important arguing points in the copyright law of each nation, because it has many issues related to the author's moral rights and author's property rights of copyright. In addition, a parody is the most important example to show the difference between copyright and patent as well as trademark. To borrow the core contents in the protected original works of others is the clearest character which is not criticised by the author of original works. It is praised by the public, meaning means legal and new creative works, which is qualified to be protected by copyright law. However, if a man use the core contents of patented invention and protected trademark, it is considered a direct infringement under the Korean Patent Act or Trademark Act. I think that the most similar concept to parody is a plagiarism which is taking the words or expressions protected by law from other's works and use as his own without admitting one has done so. The plagiarist has a tendency to insist that his works are a parody that means original and creative works. Even though the creative structure between parody and plagiarism is similar, the direction or effect of each one is thoroughly different. According to the Korean Copyright Act that was revised in last year, parody is anticipated to be subject to the Fair Use Clause that has recently added. This Clause was developed over a hundred years ago in the American Copyright Law with many cases.

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