방송저작권 유동화의 활성화에 관한 소고

Now, the Korean wave is considered as a global phenomenon. The continuous spread of the Korean Wave to other regions of the world brings the broadcasting company in Korea the way to raise funds by the means of the securitization of copyrights originating from broadcasting (hereinafter “COFB’s”). Since actors, writers, artists, and producers participate in the production of television dramas, the COFB’s are composed of many kinds of copyrights. According to the Asset-Backed Securitization Act(hereinafter “the Act”), a broadcasting company of which credit rating is not good cannot attempt to securitize their COFB’s because it is disqualified as an originator. Thus, the Act should be reformed to give an opportunity of securitization to a small broadcasting company which has highly-valued COFB’s. Only an originator who has a concrete property right can securitize its assets under the Act. A broadcasting company which will produce a drama in the near future cannot issue securities. The Act should have an amended provision to allow a broadcasting company which is in the process of producing a drama to securitize its future COFB’s, In addition, the Act should make the concept of “true sale” clear and let a special purpose company register many securitization plans. Finally, the Act should confine an administer’s duty of oversight regarding the third party’s copyright infringement.