저작권 보호기간 연장에 관한 검토

• 영문명: A Study on the Extension of the Term of Copyright Protection
• 발행기관: 경희법학연구소
• 저자명: 신재호(Shin, Jae-Ho)
• 간행물 정보: 『경희법학』제42권 제2호, 399~415쪽, 전체 17쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

On July 2, 2007, the final agreement and annex for Free Trade Agreement between South Korea and the USA was made public. According to the 4th clause in the article 18.4 of the agreement, in principle, the term of copyright protection, which lasts 50 years after the death of the author in the existing law, must be extended to 20 more years, and the amended copyright law regarding this should start being executed in 2 years from the effectuation date. This article is to examine the plans to legalize above. Despite no mentioning in the agreement, it is very important to decide which era group of works will apply this extended protection period. According to the incentive theory, the term of copyright protection is the secured duration for exclusive profit in the market with the concerned work, and it should motivate the potential authors to create new works. In conclusion, this paper suggest to apply the protection term to the FTA level only to the works which are announced or published after the commencing date of the amended law. South Korean Government mentioned that the agreement was the voluntary selection for the advancement of system. If they apply this extended duration retroactively on all works which still retain the existing protection period in the USA, however, there will be a controversy on the actual intention of the FTA agreement and the government will not be able to escape the criticism for its humiliating diplomacy.

목차

Ⅰ. 서

Ⅱ. 저작권 보호기간의 함의

Ⅲ. 베른협약 가입을 위한 1995년 저작권법 개정

Ⅳ. FTA 협상결과를 반영하기 위한 개정 입법시 검토사항

Ⅴ. 결

키워드

저작권 저작물의 보호기간 한미자유무역협정 창작자극설(유인이론) 베른협약 소급보호 경과규정 Copyright Term of Copyright Protection Free Trade Agreement Incentive(Encouragement) Theory Berne Convention retroactivity Transitional Provisions