[논문] A brief consideration regarding problems with Article 29, Paragraph 2 of the revised Copyright Act

Oh Seung-jong, Counsel, A Brief Consideration of the Problems with Article 29 Paragraph 2 of the Revised Copyright Act (Hongik Law Review, Volume 18, Issue 3, Year of Publication: 2017) is a paper.

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초록(외국어)

The 2016 revision of the Korean Copyright Law has revised the statutory term `phonogram for sale` to `commercial phonogram`. The revision was purposed to establish a unified concept, which was to resolve the disarray amongst the members of the industry, and the various interpretations of the Supreme Court`s decisions caused by such. However, even after the revisions, the disarray continued due to the escalated arguments between the academic society and the industry, and has currently come to a point where adjudication on the constitutionality has been filed. The paper provides a brief history on the introduction of the concepts `phonogram` and `commercial phonogram` into the Korean Copyright Law, and explains the two concepts in accordance with the definitions provided by international treaties. The paper is ultimately aimed to provide a lead to how future discussions will unfold by introducing the different opinions on the Supreme Court decisions regarding `phonogram for sale`, and a review on the constitutionality and the prime issues raised against the revisions made in Article 29 Section 2. For further reading, the paper also includes a case from the United States of America, regarding a similar regulation which was disputed upon as violation against international treaties.