물권과 저작권의 공시제도에 관한 고찰 (A Study on the system of public announcement of real rights and copyright)

서지정보

· 발행기관 : 한양법학회
· 수록지 정보 : 한양법학 / 29권 / 1호 / 435 ~ 452페이지
· 저자명 : 이현석

초록

The copyright owner retains exclusive control over the work he has created. It is basically the same that the right of ownership of an exclusive property of a product as a liquid and the exclusive right of copyright of an independent product.
The dominance of dominance in Korea is the right to be represented by ownership, and the essence of the right is to dominate things directly or exclusively. In the Korean territorial rights law, the object of a liquid object is the object of the object, and in this respect, the copyright that protects the work which is intangible is not a right to the right, but considering that the copyright is a monopoly or exclusive right It is handled in accordance with the right of association.
The change of the real estate right in the real estate law is expressed by including all the generation, change and extinction of the real rights. The effect of the real estate change does not arise only from the cause action but must be provided with the method of disclosure according to it.
Therefore, the principle of disclosure is governed by the change in the right of account. In other words, if the legal effect of the change of the real estate is recognized only by the declaration of one's intention or the intention of the parties, the exclusiveness or monopoly of the real estate may cause unexpected damage to a third party who does not know such fact, Is difficult to secure.
Since copyright is an exclusive right, such as copyright, the Copyright Act embraces the principle of disclosure by way of giving a countervailing power to copyright registration. Since the copyright change registration records the change of the rights, it functions as a means for securing the security of the copyright transaction while disclosing information about the copyright. However, copyright registration has a limited legal effect due to non-systematicism, which is a presumption in the case of rights registration and a counter-measure in the case of rights registration. And unlike the registration of civil law, copyright registration is not a requirement of acquisition of rights or a requirement of change of rights, but a requirement of opposition and does not require the obligation to enforce registration.
Therefore, in order to provide accurate information about the copyrighted work to the users of the copyrighted work and to secure the more secure transaction by publicizing the copyright of the exclusive nature, countermeasures and publicity that can induce copyright registration are important, Legal supplement is necessary.

영어초록

The copyright owner retains exclusive control over the work he has created. It is basically the same that the right of ownership of an exclusive property of a product as a liquid and the exclusive right of copyright of an independent product.
The dominance of dominance in Korea is the right to be represented by ownership, and the essence of the right is to dominate things directly or exclusively. In the Korean territorial rights law, the object of a liquid object is the object of the object, and in this respect, the copyright that protects the work which is intangible is not a right to the right, but considering that the copyright is a monopoly or exclusive right It is handled in accordance with the right of association.
The change of the real estate right in the real estate law is expressed by including all the generation, change and extinction of the real rights. The effect of the real estate change does not arise only from the cause action but must be provided with the method of disclosure according to it.
Therefore, the principle of disclosure is governed by the change in the right of account. In other words, if the legal effect of the change of the real estate is recognized only by the declaration of one's intention or the intention of the parties, the exclusiveness or monopoly of the real estate may cause unexpected damage to a third party who does not know such fact, Is difficult to secure.
Since copyright is an exclusive right, such as copyright, the Copyright Act embraces the principle of disclosure by way of giving a countervailing power to copyright registration. Since the copyright change registration records the change of the rights, it functions as a means for securing the security of the copyright transaction while disclosing information about the copyright. However, copyright registration has a limited legal effect due to non-systematicism, which is a presumption in the case of rights registration and a counter-measure in the case of rights registration. And unlike the registration of civil law, copyright registration is not a requirement of acquisition of rights or a requirement of change of rights, but a requirement of opposition and does not require the obligation to enforce registration.
Therefore, in order to provide accurate information about the copyrighted work to the users of the copyrighted work and to secure the more secure transaction by publicizing the copyright of the exclusive nature, countermeasures and publicity that can induce copyright registration are important, Legal supplement is necessary.

참고자료

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