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학술논문성균관법학2007.08 발행KCI 피인용 4

국내 음악저작물시장에서의 신탁관리와 개선방안의 모색

Study on the issues of collective management and trustship agreement in domestic music market

방석호(홍익대학교)

19권 2호, 203~220쪽

초록

It is more probable that the recording companies will be located in business conflicts with collective management organizations rather than music publishing companies. Consequently, as more non-profit activities of the collective management organizations are allowed by the law and regulations, then the incentive for more profits from the side of recording companies will be shrinked. So, the idea of allowing more activity edges for the recording companies or making more divided trustship agreements by the copyright owner is better and more efficient in making the current music market grow faster than the idea of introducing competitive collective management organizations. Such a suggestion and understanding is streamlined well with the Korean Supreme Court rulings which deal with music trustship agreements. That is, the Supreme Court consistently ruled that only the trustee, collective management organizations, can manage the copyright entrusted as a sole right-holder. So, the copyright owner can utilize another chances of maximizing his/her property rights by making separate licensing contract before trustship agreement or by reserving some rights at the time of trustship agreement

Abstract

It is more probable that the recording companies will be located in business conflicts with collective management organizations rather than music publishing companies. Consequently, as more non-profit activities of the collective management organizations are allowed by the law and regulations, then the incentive for more profits from the side of recording companies will be shrinked. So, the idea of allowing more activity edges for the recording companies or making more divided trustship agreements by the copyright owner is better and more efficient in making the current music market grow faster than the idea of introducing competitive collective management organizations. Such a suggestion and understanding is streamlined well with the Korean Supreme Court rulings which deal with music trustship agreements. That is, the Supreme Court consistently ruled that only the trustee, collective management organizations, can manage the copyright entrusted as a sole right-holder. So, the copyright owner can utilize another chances of maximizing his/her property rights by making separate licensing contract before trustship agreement or by reserving some rights at the time of trustship agreement

발행기관:
법학연구원
DOI:
http://dx.doi.org/10.17008/skklr.2007.19.2.012
분류:
법학

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국내 음악저작물시장에서의 신탁관리와 개선방안의 모색 | 성균관법학 2007 | AskLaw | 애스크로 AI