저작권법상 대리중개인의 지위와 법률관계

The Management Commission Contract in the Copyright Act can be classified into two types. One is a trust contract under which one party transfers its copyright or neighbouring rights to the other party, rights to the other party, entrusts the administration of such rights to the latter party, and vests such party with the right to authorize the use of work relating to such rights. The other is the delegation contract under which one party vests the other party with the right to act as an intermediary/a broker or its agent with regard to the authorization of use of its work and leaves to such intermediation/brokerage or agency. In 1986, the Korean government introduced the collective management of copyright and neighbouring rights in the process of revising the Copyright Act, which gave it strong authority to regulate the collective copyright management business. In 1994, the Korean government began to review the Copyright Act in order to respond to the changing environment for the exploitations of copyrighted works and to eliminate unnecessary government regulations, and it was revised on January 7, 1994 and December 6, 1995. The recent amendment to the Copyright Act, which became effective July 1, 2000, classified the copyright agency or brokerage services and the trust manegement of copyrights. and the definition of them was made. The recent 2000 Amendment of the Copyright Act has substantially increased the number of the collective management organizations as well as copyright agency or brokerage services. However it should be noted that there is not competition among the Oganizations to obtain permission of the government. For example, under the The 2000 Amendment of the Copyright Act, KOMCA is the sole Authorized Intermediary with respect to musical copyright administration. In conclusion, it is desirable that the Copyright Act should be reviewed and amended so as to narrow its applicable scope, including the prohibition of so-called “general agency business” about the copyright agency or brokerage services because it has been criticized for excessive regulations in light of the characteristics and the current status of it in the autonomous area of copyright. This article is made up with seven parts ; The first chapter of this article introduces the legal definition and the current status of collective management of copyright and neighbouring rights in Korea. The analysis in Section 2 introduces the historical development of collective management of copyright in Korea and Japan. Section 3 focuses on the external relations equipped with copyright agency or brokerage services. Section 4 discusses legal status of the agent or intermediary/broker under Copyright Act. Section 5 reviews rights and obligations of copyright agent or intermediary/broker. Section 6 provides other legal relationships. Section 7 is conclusion of this article.