고아저작물 이용 활성화를 위한 확대된 집중관리제도 도입에 관한 연구

A Study on Introduction of the Extended Collective Licensing System for Utilizing of Orphan Works

An orphan work is defined as a situation where the owner of copyrighted work cannot be identified and located by someone who wishes to make use of the work in a manner that requires the permission of the copyright owner. It is required that to use any work the user should be given consent to use it from its copyright holder. However when the identity or whereabouts of copyright holders of any orphan work is not clarified, it is difficult to be allowed to voluntarily use it. In the past the importance of orphan works was not understood properly. However with the advancement in informational technology and media, multiple numbers of works are being uploaded online and its uses are being made online too. With this shift in copyright paradigm the works fixed in the existing off line media needs to be digitalized. Because this digitalization requires copyright holders’ consent of its use, the orphan works whose copyright holder cannot be identified are emerging as a major obstacle. In addition not only the necessity of its increased utilization but also the dramatically increased demand for the derivative use of it also increases the necessity to have proper system for it. In the country, compulsory license system are already in place that allow for government authority to license works that it is satisfied are adequately identified as orphans. While useful on a small scale, as part of a broader solution for users that wish to enable mass uses, It is noticeable that the structure of the system may be too administratively burdensome on a larger. Therefore, given the characteristics of compulsory license system which requires the individual approval procedures in the usage of orphan works, Extended Collective Licensing System was examined to overcome the limitation which is not appropriate for its mass utilization. Extended Collective management means that a collecting society is given a mandate to represent the interests of all right holders even if they are not formally registered with that society. Therefor, once a contract allowing a user to use certain works is negotiated with a collecting society, the applicable national law would extend its coverage to all copyright owners beyond the known and registered members of the collective society. This way, orphan works are also included in the licence. The system also provides assurance to the users against liability for infringement.