The Journal of Intellectual Property (J Intellect Property; JIP)

KCI Indexed
OPEN ACCESS, PEER REVIEWED

pISSN 1975-5945
eISSN 2733-8487

The Activation for the Use of Orphan Works in Cultural Facilities: Focusing on the Establishment of Standards for Diligent Search and the Preparation of Compensation Payment Levels

CONTENTS

Research article

Citation: Kim D. 2024. The Activation for the Use of Orphan Works in Cultural Facilities: Focusing on the Establishment of Standards for Diligent Search and the Preparation of Compensation Payment Levels. The Journal of Intellectual Property 19(3), 73-88.

DOI: https://doi.org/10.34122/jip.2024.19.3.4

The Journal of Intellectual Property, 2024 September, 19(3): 73-88. 

Received on 27 May 2024, Revised on 19 June 2024, Accepted on 3 September 2024, Published on 30 September 2024.

The Activation for the Use of Orphan Works in Cultural Facilities: Focusing on the Establishment of Standards for Diligent Search and the Preparation of Compensation Payment Levels

Donghui Kim*

Ph.D. Student in Law, Graduate School, Korea University, Republic of Korea

*Corresponding Author: Donghui Kim (yurianna78@naver.com)

Abstract

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.

Keywords

Copyright Act Article 35(4) , Cultural Institute, Orphan Works, Diligent Search, Compensation

Funding

The author received manuscript fees for this article from Korea Institute of Intellectual Property.

Conflicts of interest

No potential conflict of interest relevant to this article was reported.