저작권집중관리에 대한 규제의 기본방향

The Basic Regulatory Framework of Copyright Collective Management

Collective management is the exercise of copyright and neighbouring rights by organizations acting in the interest and on behalf of the owners of rights. The Korean Copyright Act contains provisions concerning the collective management of copyright and neighbouring rights in the "Chapter 7 Copyright Management Services." The relevant legal provisions divide such services into two categories, namely "copyright trust services" and "copyrights agent or brokerage services". This distinction has important repercussions: Any person who intends to engage in a business as a trustee on behalf of the owner of the rights shall obtain a permit from the Minister of Culture, Sports and tourism. But Those who intend to engage in copyright management services only as an agent or brokerage shall report to the Minister as prescribed by the Presidential Decree. But I think this distinction is not adequate. I think we have a reason to regulate the service because it's a collective management service, not because it's a trust service. There is no need to regulate the service according to the nature of contract between the right holder and the service entity. For the purpose of regulation it's a wrong direction to divide such copyright management services into two categories-"copyright trust services" and "copyrights agent or brokerage services". We need to abolish this distinction. In case of copyright collective management, I think, government approval is needed. So the government approval itself for the collective management service need not to be changed or abolished. But the provision that any person who has operated copyright management services without obtaining a permit shall be punishable by imprisonment for a term of not more than one year or a fine of not more than ten million won(See §137 ⅳ) shall be abolished. Rather we shall provide as the German Law on Collective Rights Management: Anyone who engages in collective rights management, without having prior authorization to do so, is not entitled to claim any of the rights under the Copyright Act, even if rightsholders have entrusted him with rights management.