Ph.D. Student in Law, Graduate School, Korea University, Republic of Korea
Correspondence to Donghui Kim, E-mail: yurianna78@naver.com
Volume 19, Number 3, Pages 73-88, September 2024.
Journal of Intellectual Property 2024;19(3):73-88. https://doi.org/10.34122/jip.2024.19.3.4
Received on May 27, 2024, Revised on June 19, 2024, Accepted on September 03, 2024, Published on September 30, 2024.
Copyright © 2024 Korea Institute of Intellectual Property.
This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives (https://creativecommons.org/licenses/by-nc-nd/4.0/) which permits use, distribution and reproduction in any medium, provided that the article is properly cited, the use is non-commercial and no modifications or adaptations are made.
With the establishment of Article 35(4) of the Copyright Act and the relevant regulations within the enforcement decree of the same law, cultural facilities can use Orphan Works without utilizing the previous legal permission system, thus reducing the burden of the system’s procedural fees. The economic burden of cultural facilities was further, and significantly, reduced by newly established regulations stating that compensation did not need to be paid in advance. Consequently, cultural facilities can contribute to cultural development using, indeed increasing their utilization of, the resources within Orphan Works. However, unclear “diligent search” standards set by Presidential Decree and the inability to predict the “level of compensation” when copyright holders appear are new concerns for cultural facilities as they face the limitations and burdens of using the system. The goal of this study was to offer help with these challenges, outlining from a practical point of view the parts of the Copyright Act that require revision and supplementation to operate the current system.
Copyright Act Article 35(4) , Cultural Institute, Orphan Works, Diligent Search, Compensation
No potential conflict of interest relevant to this article was reported.
The author received manuscript fees for this article from Korea Institute of Intellectual Property.