방송사업자의 저작권법상 지위와 그 동향에 관한 연구

A study on the Status of Broadcasting Organizations in the Copyright Law and its Recent Discussions

The "Broadcasting Organizations" are the persons who engage themselves in the broadcasting business. They have 'neighbouring rights' as a provider of broadcasting programs, as a producer of broadcasting programs by itself or commissioned. On the other hand, they are also the largest user of copyrighted works which have already created. The right of broadcasting organizations has been protected by Rome Convention since 1961. Currently, it is under broad discus- sions to establish a new treaty in order to protect the right of broadcasting organizations at the SCCR(Standing Committee on Copyright and Related Rights) of the WIPO. But as broadcasting system and broadcasting media have been developing, many issues have arisen about the existing status of the broadcasting organizations. The development of new technologies and the convergence of broadcasting and telecommunication make illegal transmissions much easier on the web. Therefore it is needed to revise Copyright Act for the broadcasting organizations to have the right of transmission in order to reduce illegal broadcastings by the unlicensed individuals or companies. As the new broadcasting media appears, the issues over the must-carry rule of retrans- mission of the network broadcasting is being raised again which was also controversial when CATV or satellite TV was introduced. By the diversification of the broadcasting media and the enlargement of the broadcasting market, they need a lot of broadcasting programs. The increase of outsourcing programs seems to amplify the compli- cated matters between the broadcasting organizations and outsourc- ing productions. With such rapid changing environment of the broadcasting, this study aims to examine above issues including the status of the broadcasting organizations and to find out the solutions about those issues.