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A Study on the Improvement of the Copyright Restriction System Focusing on Expanding the Application of Fair Use to Moral Rights

  • Studies in Humanities and Social Sciences
  • Abbr :
  • 2018, (60), pp.21-41
  • DOI : 10.17939/hushss.2018..60.002
  • Publisher : Institute of Humanities and Social Sciences
  • Research Area : Interdisciplinary Studies > Interdisciplinary Research
  • Received : June 15, 2018
  • Accepted : July 29, 2018
  • Published : August 31, 2018

La, Kang 1

1국민대학교

Accredited

ABSTRACT

In the digital age, the environment surrounding copyright has changed dramatically. The recent trend of the 4th Industrial Revolution is accelerating the change. The copyright law system can not catch up with the pace of change. Due to the recent rapid changes in the copyright environment caused by the development of digital technologies and information and communication technologies, the present copyright restriction system has become a time to seek new changes. This study suggests ways to improve the regulation system of current copyright restrictions and to extend the use of fair use to moral rights in order to cope with rapid changes in the copyright related environment. While a overall revision of the system would be desirable, at the very least it is necessary to introduce an exemption regulation for commercial purpose work and works made for hire in which property value has a relative importance and there is no violation of direct personal interests such as defamation. The introduction of immunity regulations will also meet the purpose of our copyright law, which is ultimately aimed at the development of culture and related industries, and It will activate the free use of the works. Ultimately, the interests of the authors and the citizens' interests as users of the works can be balanced.

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