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사진저작물의 저작권에 관한 연구 원문보기

  • 저자

    박경태

  • 학위수여기관

    경상대학교 대학원

  • 학위구분

    국내석사

  • 학과

    법학과 저작권법

  • 지도교수

  • 발행년도

    2014

  • 총페이지

    1, p117.

  • 키워드

    Copyright Photographs Fair use Photo copyrights parody;

  • 언어

    kor

  • 원문 URL

    http://www.riss.kr/link?id=T13534285&outLink=K  

  • 초록

    In the analogue era, photographs could not be easily copied or used without permission due to technological underdevelopment. However, in the present era, a new form of informational exchanges, created by connecting the function of digital cameras and Internet communication, is being widely used. As a result, various problems related to piracy are arising. Especially, in the ground of the photographs, people ignores not only the product's property value but also its owner's name, because there's no concept of copyright. Copyright means exclusive right given to copyright holder so as to protect work which are expressed creatively through the human's thought or emotion. The purpose of work protection is ultimately social contribution by protection and application of creative work through the protection of copyright holder. And Copyrighted photos without author's permission could infringe on the copyright in that it adversely affects the value of the original work and their right to derivative works. It should be examined whether and under what conditions unlicensed use of the copyrighted use of the copyrighted photos be a permissible parody as fair use. This kind of copyright infringement happens as variously and frequently as the number of the photographies are increased. We can point out the problems broken out during the photography circulation as following: 1. In the present era, photographs are used in public places or advertisements without any approval of the copyright owners. 2. Photographs are being used in modified forms which fail to convey the messages of the original works. 3. The use of computer programs and photoshop technologies damages the individuality and creativity of photographers. 4. Illegal copied versions, which fail to meet the requirements of parody, are being widely used. Based on those factors described above, the possibility of establishing a collective administration on photographic works may rest on the analysis of past practice and future prospect. To that end, the following measures are recommended to launch an integrated photographic management system: Firstly, The user of a photograph should be accurately aware of copyright law regarding the work. Secondly, Photographs should be used legally without violating the original intention of the photographers. Thirdly, The publisher of a photograph should accurately specify the scope of usage by attaching a creative commons license. Lastly, Those who want use a photograph for parody should learn regulations on parody, which have not yet been established in South Korea. So, by studying American cases, south korean courts are required to present specific standards for the requirement of parody.


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