Public Works and the Legal Characteristic of Free Use in Korea (저작권법상 공공저작물 이용의 법적 의미)

Kye, Seung-Kyoon (계승균)

Public Works and the Legal Characteristic of Free Use in Korea

DONG-A LAW REVIEW
2016, (70), pp.281-306
Publisher : The Institute for Legal Studies Dong-A University
Research Area : Social Science > Law

Kye, Seung-Kyoon ¹

¹부산대학교

Accredited

ABSTRACT

The purpose of this article is to review the legal characteristic of free use of public works in Korea. It can be called as public works in general in Korea which are produced on business and already made to be public by the State or a local government, or a work of which the author's property right is owned in its entirety by the State or a local government under a contract. Public works are specially characteristic of so-called free use which means that they may be used without permission. In Korea, the State and local government are obliged to establish and enforce policies to promote the use of public works, as prescribed by Presidential Decree, in order to promote the use of works which are produced and made to be public by a public institution or of which the author's property right is owned in its entirety under a contract by a public institution pursuant to Article 4 of the Act on the Management of Public Institutions. Even though the purpose of this new system is useful for Korean people, I think that free use system of Korean Copyright Act is conflicted with the clauses of managements of State-owned property under the State Property Act or of public property under the Public Property and Commodity Management Act in the viewpoint of Korean legal system.

KEYWORDS

public works, free use, permission for use, loan contract, copyright, state property

KJCKorea
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