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A Study on Immanent Limitation of Copyright

  • Informatization Policy
  • Abbr : 정보화정책
  • 2006, 13(2), pp.106-120
  • Publisher : NIA
  • Research Area : Social Science > Public Policy

유대종 1

1경희대학교

Accredited

ABSTRACT

Copyright law is to be encouraged and rewarded, but private motivation must ultimately serve the cause of promoting broad public availability of literature, music, and the other arts. The immediate effect on copyright law is to secure a fair return for an author’s creative labor. But the ultimate aim, by this incentive, is to stimulate artistic creativity for the good of general public. The limited scope of the copyright holder’s statutory monopoly, like copyright imitation, the limited copyright duration, and compulsory licences required by the copyright law, reflects the balance of competing claims upon the public interest. Of course, copyright law protects only the expression of an idea, and not the idea itself. However, the grant to the author of the special privilege of a copyright carries out a public policy or social finality adopted by the copyright law. It equally forbids the use of the copyright to secure an exclusive right or limited monopoly not granted by the copyright law and which it is contrary to immanent limitation to grant.

Citation status

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