포르노그라피(pornography)와 저작권

• 영문명: Pornography and Copyright
• 발행기관: 경희법학연구소
• 저자명: 김근우(Kim, Keun-Woo)
• 간행물 정보: 『경희법학』제45권 제3호, 101~123쪽, 전체 23쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2010.09.30

영문 초록

According to recently report, the producers of pornographic works of U.S and Japan filed suit against netizens in the domestic for a copyright infringement action that had uploaded in internet website without be allowed. Hereupon, at first prosecution in the domestic investigated netizens who disseminated pornography of the producers of U.S and Japan by having uploaded more than three times for commercial purposes. But prosecution wheeled around, which filed a suit against them for disseminating pornography instead of copyright infringement after having rejected the claim producers’ of pornography of U.S and Japan. This is rather due to instigating the dissemination of pornography if copyright law applies to this. Pornography industry, with the development of visual entertainment, proliferation of internet and advancement of scientific technology, has growing at a rapid rate. These circumstances also cause serious harm problems in our society. If pornography are original of authorship, consist of expression and not just idea, its copyright protection may be met. Also the present view that neither the copyright law nor the constitution requires that copyright be withheld on the ground of a work’s obscene content is the better view. Furthermore, giving consideration to the related regulations of patent, design and trademark law, it is the intention of a lawmaker, not legislative deficiency that the article related with ‘public order and good morals’ is omitted in copyright law.

목차

l. 들어가며

ll. 포르노그라피와 음란물

lll. 포르노그라피의 저작물성

lV. 마치며

키워드

포르노그라피 음란성 포르노그라피의 저작권보호 저작자의 독창성 포르노그라피의 저작권 침해 pornography obscenity copyright protection of pornography original of authorship copyright infringement of pornography.