저작권신탁관리업에서 ‘포괄적 대리’의 의미와 ‘신탁범위 선택제’의 실천방안

초록

There are two major unresolved issues concerning copyright trust management business. One is that it is difficult to interpret the meaning of “comprehensive representation” which is contained in statutory definition of copyright trust management business. The other is that music copyright holders do not have a choice in the extent of trust of rights when they conclude copyright trust contract with trustees (namely “organizations conducting copyright trust management business” hereinafter, “organizations”) in light of current music copyright practices. The purpose of this paper is to study the meaning of “comprehensive representation” and the practical strategies for “choice in the extent of trust of rights” in copyright trust management business. According to consider the legislators’ intent, I deduce that “comprehensive representation” corresponds to so-called “discretionary representation.” It means that mandator’s agency or agent has the power to determine the amount of royalties due when the exploitation of its works, etc. is authorized. In relating to the practical strategies for “choice in the extent of trust of rights”, it is not desirable that the government should force “organizations” by law to introduce it in stipulations for copyright trust contract. Preferably, the government’s mission is to exercise administrative guidance over “organizations” and make them accept it.

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