저작권법 전면 개정안 주요내용의 비판적 고찰

초록

Among the amendments to the Copyright Act, first, it includes the deletion of Article 9 of the Copyright Act concerning the authors of works created during the employment process. This is neither urgent nor necessary. Regarding Article 9 of the Copyright Act, the judges of the Constitutional Court unanimously ruled that it was in conformity with the Constitution. From the people’s point of view, it is difficult to understand the deletion of the constitutional regulations. In addition, it is difficult to understand any attempt to protect publicity rights that are not related to the Copyright Act as “property rights related to portraits” and protect them under the Copyright Act. Protecting the right to publicity with the Copyright Act is contrary to the tradition of continental law and is a radical legislative attempt to overturn the legal theory formed by precedents. Next, attempts to introduce the ‘Extended Collective License (hereinafter, ECL)’ system also have problems. In Korea, sufficient social welfare systems for creative artists are not in place. There is no legislative justification for introducing the ECL in Korea. Prior to introducing the ECL system, the order would be to expand social welfare for creative artists. Legislation that pushes ahead with a fixed deadline is likely to lead to poor legislation. It is necessary to have a sufficient legislative review.

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