우리 저작권법사의 전시권의 문제점

A Problem of the Public Exhibition Right in Copyright Act of Korea

Our copyright law confers the author the Right of Exhibition The author shall have the right to exhibit the original or reproduction of work of art, etc ( work of art, etc. includes the work of art, the work of photographs and architectural works). And to harmonize the interest of the ownership of copyright and the ownership of material object, the copyright act prescribes that The owner of the original of a work of art, etc. or a person who has obtained the owner s authorization, may exhibit the works in its original form . The problem arises in the case of the copy owner of art, etc (Article 32). The problem arises in the case of the exhibition of the copy of a a work of art, etc.. And it was realized in the case of 「Seoul Central District Court Decision 2003 Na 51230 Delivered on November 11, 2004」. The court ruled that he who exhibited the copy of the photo which was in the calendar, infringed the copyright. I think it s non-sense. In Japan the author of an artistie work or of an unpublished photographic work shall have the exclusive right to exhibit publicly the original of his work. So the copyright owner of published photographic work has no right of Right of Exhibition. In USA the copyright owner of published photographic work has the exclusive right to displayed the copyrighted work publicly (ξ 106(5)). But the copyright act of USA has the limitations on exclusive rights: Effect of transfer of particular copy or phonorecord. The ξ 109 (c) prescribes as follows: (c) Notwithstanding the provisions of section 106(5), the owner of a narticular copy lawfully made under this title, or any person authorized by such owner, is entitled without the authority of the copyright owner, to display that copy publicly, either directly or by the projection of no more than one image at a time, to viewers present at the place where the copy is located, It is one of the first sale doctrine. So I propose that the article 32 should be revised as follows: The owner of the original or reproduction of a work of art, etc, or a persion who has obtained the owner s authorization, may exhibit the works in its original or reproduction form.