저작권법 제29조에 대한 재조명

Revisiting §29 of the Korean Copyright Act

The author shall have the right to perform his work publicly. However, pursuant to §29 ① of the Korean Copyright Act, it shall be permissible to perform publicly or broadcast a work already made public for non-profit purposes and without charging any fees to audience, spectators or third persons: provided that the performers concerned are not paid any remuneration for such performances. Also, according to §29 ② of the Korean Copyright Act, commercial phonograms or cinematographic works may be reproduced and played for the public, if no fee is charged to the audience or spectators, except the cases as set forth by Presidential Decree. Recently, some scholars argue that this article should be abolished or revised to the advantage of copyright holders. However, in order to contribute to the improvement and development of the culture, which is the legislative purpose of the Copyright Act, this article should remain as it is since it protects the basic cultural life of people.