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학술논문창작과 권리2011.08 발행KCI 피인용 1

21세기 디지털환경에 있어서의 TV방송영상물 보호와 자유로운 접근 간의 이익균형

A Studies on the balance of interests between protection of audiovisual work and its free access in the digital environment of the 21st century

양대승(특허청 상표디자인심사국)

64호, 195~226쪽

초록

The illegal downloading of television program is undergoing a heavy exponential development because of the popularity enjoyed by the television series. At first glance, the question presents no singularity enough to be distinguished from downloading music or movies. Audiovisual works are protected, the rights holders could legitimately sue Internet infringement. But, it is not certain that this is the best way. The damage suffered by the claimants is indeed much more difficult to characterize than in other areas. It may even happen that some TV programs are gaining popularity due to publicity about the download. The best way to fight effectively against this practice would in fact review the methods of distributing programs to adapt to the digital world. For example, consider the case of music market. If we look at the figures provided by the recording industry, we soon realize that the drop record sales would gradually be offset by the continuing success of purchasing music on-line platforms legal downloads. The development of peer-to-peer has forced the majors to rethink methods of distributing their works in order to adapt to digital world. It could also be true for audiovisual works: faced with pressure, producers and broadcasters have no alternative but to invent the television of the twenty-first century.

Abstract

The illegal downloading of television program is undergoing a heavy exponential development because of the popularity enjoyed by the television series. At first glance, the question presents no singularity enough to be distinguished from downloading music or movies. Audiovisual works are protected, the rights holders could legitimately sue Internet infringement. But, it is not certain that this is the best way. The damage suffered by the claimants is indeed much more difficult to characterize than in other areas. It may even happen that some TV programs are gaining popularity due to publicity about the download. The best way to fight effectively against this practice would in fact review the methods of distributing programs to adapt to the digital world. For example, consider the case of music market. If we look at the figures provided by the recording industry, we soon realize that the drop record sales would gradually be offset by the continuing success of purchasing music on-line platforms legal downloads. The development of peer-to-peer has forced the majors to rethink methods of distributing their works in order to adapt to digital world. It could also be true for audiovisual works: faced with pressure, producers and broadcasters have no alternative but to invent the television of the twenty-first century.

발행기관:
세창출판사
분류:
지적재산권법

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