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학술논문산업재산권2010.04 발행KCI 피인용 10

방송콘텐츠 유통의 저작권법적 쟁점

A Study on copyright issues regarding the distribution of broadcasting content

황창근(홍익대학교); 최진원(연세대학교)

31호, 195~237쪽

초록

The development of technology made a broadcasting environment changed and brought the era of multimedia and multichannel broadcasting. As the result, the monopoly or the oligopoly of a media platform came to an end, and the content started to dominate the media. Terrestrial broadcasting companies faced a serious crisis. So, the diversification was inevitable for them; the charge of retransmission is now at the top of the list. The overseas cases on terrestrial retransmission head appear in various forms adapted to each country's circumstance, not following a specific standard. However it is worthy of notice that the list of retransmission is being expanded to New media. Here are two reasons: the general accessibility for the public object and the fair competition for the politic object. It is very probable in Korea to re-transmit terrestrial broadcasting content via Cable TV, satellite, IPTV or New media. And this always involves copyright problems. The current law doesn't have articles specific enough to deal with this change of broadcasting environment, so the consideration de lege ferenda including the adoption of 'must offer' or the reexamination of broadcasting territory is necessary, in order to achieve the politic goal of terrestrial retransmission.

Abstract

The development of technology made a broadcasting environment changed and brought the era of multimedia and multichannel broadcasting. As the result, the monopoly or the oligopoly of a media platform came to an end, and the content started to dominate the media. Terrestrial broadcasting companies faced a serious crisis. So, the diversification was inevitable for them; the charge of retransmission is now at the top of the list. The overseas cases on terrestrial retransmission head appear in various forms adapted to each country's circumstance, not following a specific standard. However it is worthy of notice that the list of retransmission is being expanded to New media. Here are two reasons: the general accessibility for the public object and the fair competition for the politic object. It is very probable in Korea to re-transmit terrestrial broadcasting content via Cable TV, satellite, IPTV or New media. And this always involves copyright problems. The current law doesn't have articles specific enough to deal with this change of broadcasting environment, so the consideration de lege ferenda including the adoption of 'must offer' or the reexamination of broadcasting territory is necessary, in order to achieve the politic goal of terrestrial retransmission.

발행기관:
한국지식재산학회
분류:
법학

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