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학술논문IT와 법연구2014.02 발행KCI 피인용 1

콘텐츠 분야의 불공정 거래실태를 개선하기 위한 법/제도적 제언

Some Legal Suggestions to Correct Unfair Business Practices in the Contents Industries

신영수(경북대학교)

8호, 107~136쪽

초록

The contents industries have been recognized as new power to tow the korean economy in the future. Behind the successful achievements of this industries. However, chronic unfair business practices have been committed through the agreement between contents producers and publishers. The sorts of practices are various and level of unfairness is serious and chronic. Of course the current legislations have legal and systemic devices to prevent and punish those practices in many ways, but they don't work well in actual transactions. Furthermore, the contents firms, especially publishers don't recognize unfairness and illegality of their behaviors. On the other hand the producers can't dare to raise issues on those practices because of fear of transaction suspension. In this circumstances, the article attempts to suggest a new approach to correct current unfair transactions and improve business environment in the contents industries. For this trial, the article makes an analysis on actual state of unfair contents transactions, and points out the problems or limitations of the current legal and systemic approaches of that issue. As a conclusion, it proposes a new idea to evaluate fairness of each transactions as a kind of compliance program in the contents industries.

Abstract

The contents industries have been recognized as new power to tow the korean economy in the future. Behind the successful achievements of this industries. However, chronic unfair business practices have been committed through the agreement between contents producers and publishers. The sorts of practices are various and level of unfairness is serious and chronic. Of course the current legislations have legal and systemic devices to prevent and punish those practices in many ways, but they don't work well in actual transactions. Furthermore, the contents firms, especially publishers don't recognize unfairness and illegality of their behaviors. On the other hand the producers can't dare to raise issues on those practices because of fear of transaction suspension. In this circumstances, the article attempts to suggest a new approach to correct current unfair transactions and improve business environment in the contents industries. For this trial, the article makes an analysis on actual state of unfair contents transactions, and points out the problems or limitations of the current legal and systemic approaches of that issue. As a conclusion, it proposes a new idea to evaluate fairness of each transactions as a kind of compliance program in the contents industries.

발행기관:
IT와 법연구소
분류:
기타법학

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콘텐츠 분야의 불공정 거래실태를 개선하기 위한 법/제도적 제언 | IT와 법연구 2014 | AskLaw | 애스크로 AI