@article{ART001747360},
author={Kang Myung Soo},
title={Reflections on the author's moral rights},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2013},
number={58},
pages={725-759}
TY - JOUR
AU - Kang Myung Soo
TI - Reflections on the author's moral rights
JO - DONG-A LAW REVIEW
PY - 2013
VL - null
IS - 58
PB - The Institute for Legal Studies Dong-A University
SP - 725
EP - 759
SN - 1225-3405
AB - In Korean Copyright Act, there are three moral rights; the right to publish(Article 11), the right of attribution(Article 12), the right to the integrity of the work(Article 13), while the author’s moral rights are exclusive rights cannot be transferred or assigned(Article 14 paragraph 1). Since regulation of moral rights in Korean copyright act are about the right to publish eventually, the right to state the authors in works and the right to modify works, there is a doubt why these rights cannot be exercised by a third party. To answer these questions, it is necessary to take a look on other countries’ copyright acts; especially the regulation of the Berne Convention.
Each country which has signed to the Berne Convention must ensure the author’s moral rights based on Article 6bis 1 paragraph of the Berne Convention. However, since there is a difference between the Berne Convention and Korean Copyright Act, it is necessary to compare them. Although, in the Berne Convention, the author’s moral rights are regard as intrinsic personal profit protection, moral rights in Korean Copyright Act are more than that in the Berne Convention. In other words, moral rights in Korean Copyright Act are protected more broadly and strongly than that in the Berne Convention. However, we should note that stronger protect of the author’s moral rights are likely to diminish the interests of the author, the safety of transactions of the work and economic value of it.
Based on the phenomenon of the expansion of the market on particular programs or online contents, regulations of moral rights in current Korean Copyright Act entail the criticism that regulation of moral rights cannot cope with development of technology or interests of related parties. In Japan, Japanese Copyright Act, similar to Korean Copyright Act, has caused the concern that Japan might not catch up with progress of the world due to very strong protection of moral rights. We should try not to make same mistake as Japan did.
KW - moral rights of copyright;right to make public;right to name attribution;right to preserve the integrity;Berne Convention
DO -
UR -
ER -
Kang Myung Soo. (2013). Reflections on the author's moral rights. DONG-A LAW REVIEW, 58, 725-759.
Kang Myung Soo. 2013, "Reflections on the author's moral rights", DONG-A LAW REVIEW, no.58, pp.725-759.
Kang Myung Soo "Reflections on the author's moral rights" DONG-A LAW REVIEW 58 pp.725-759 (2013) : 725.
Kang Myung Soo. Reflections on the author's moral rights. 2013; 58 : 725-759.
Kang Myung Soo. "Reflections on the author's moral rights" DONG-A LAW REVIEW no.58(2013) : 725-759.
Kang Myung Soo. Reflections on the author's moral rights. DONG-A LAW REVIEW, 58, 725-759.
Kang Myung Soo. Reflections on the author's moral rights. DONG-A LAW REVIEW. 2013; 58 725-759.
Kang Myung Soo. Reflections on the author's moral rights. 2013; 58 : 725-759.
Kang Myung Soo. "Reflections on the author's moral rights" DONG-A LAW REVIEW no.58(2013) : 725-759.
