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학술논문창작과 권리2008.09 발행KCI 피인용 1

방송콘텐츠의 제작·유통과 방송사업자의 보호 ―WIPO 방송사업자 보호 조약(안)을 중심으로―

The Protection of Broadcasting Organization in Contents Production and Distribution ―Focused on WIPO draft basic proposal―

조용순(한북대학교)

52호, 150~180쪽

초록

As the transmission speed of large sized content and motion picture is getting faster, copyright infringements concerning broadcasting contents have been increasing. To cope with the problems arising from the environmental change of broadcasting contents use, equality among moral right holders, and imperfect treatment as right of reproduction. Right of transmission should apply to the broadcasting organization. because it’s not only consistent with the rights of other performers and producers of phonograms, but also considerable amount of distribution is involved with transmission. Right of distribution also needs to be introduced to the broadcasting organization considering its separability between person who reproduces and distributes. Draft basic proposal for the WIPO Treaty on the Protection of Broadcasting Organizations would be meaningful reference even though it failed to be embodied as a treaty. Of course, benefits are practically limited to the broadcasting organization in neighboring right holder’s position.

Abstract

As the transmission speed of large sized content and motion picture is getting faster, copyright infringements concerning broadcasting contents have been increasing. To cope with the problems arising from the environmental change of broadcasting contents use, equality among moral right holders, and imperfect treatment as right of reproduction. Right of transmission should apply to the broadcasting organization. because it’s not only consistent with the rights of other performers and producers of phonograms, but also considerable amount of distribution is involved with transmission. Right of distribution also needs to be introduced to the broadcasting organization considering its separability between person who reproduces and distributes. Draft basic proposal for the WIPO Treaty on the Protection of Broadcasting Organizations would be meaningful reference even though it failed to be embodied as a treaty. Of course, benefits are practically limited to the broadcasting organization in neighboring right holder’s position.

발행기관:
세창출판사
분류:
지적재산권법

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방송콘텐츠의 제작·유통과 방송사업자의 보호 ―WIPO 방송사업자 보호 조약(안)을 중심으로― | 창작과 권리 2008 | AskLaw | 애스크로 AI