Abstract
Creation of high quality news contents is the cornerstone of press freedom and democratic participation of citizens. However, in order to produce excellent news content inevitably a lot of time and money are needed. If the value of news contents will be neglected and this effort given to the news content creation will not be respected, the investment in news content production will be reduced. The decrease in this investment leads to deterioration of the news content quality and undermines the freedom of the press as bringing distortion or imbalance of information, ultimately, it will result in a retreat of democracy.
Google, representative firm that provides online news contents, provides news contents with deep–lnked manner by exposing the news headlines and 2-3 lines taking advantage of news contents created by the news media. However they insist that the use of news work in this way is a 'fair use' and are sticking to policies that do not need to royalties. Google has a powerful influence on the search services market, therefore, it is difficult for a news copyright holder to have comparable position and fairly to wrestle for royalty negotiations with respect to such a Google’s copyright policy. So it was reviewed in this paper if this policy of Google news works meets the copyright system designed to contribute to cultural development by protecting the rights of authors and promoting fair use.
Linking news work is seen as the 'public transmission' according to the current law, so the Supreme Court judgments on the "links" should be reconsidered. However, if such deep link be include in the Right of Public Transmission as exclusive right, it is not preferable in terms of promoting the free flow of information and freedom of expression on the Internet. Meanwhile when viewed as a logical concept, it is not reasonable to completely deny whether rights violations by that no 'link' does not correspond to the public transmission behavioris. In this case, it is appropriate to take an approach that limits the public transmission right as a specific case for the benefit of the public In addition, it is difficult that the uses of news works by Google are ‘fair use of copyrighted work’. It does not meet the criterion of fair use, ‘Proportions of used parts in the entire works, etc. and their importance' and ’Influence of the use of works, etc. over the current market or value or potential market or value of such works’. Therefore, in light of the intent of the copyright system to protect property rights in creating incentives for, and that the news has public value and democracy Impact, remuneration system as creation incentives and system that anyone can be utilized without discrimination should be sought for news copyrighted work. Therefore, by defining as a new type of the limits of the author's property rights, it guarantees to take advantage of the news works without the permission of the owner, compensation is recognized only when used by operating without a private use Therefore, it is necessary to regulate the use of news contents as a new type of restriction of author's property rights so that the news can be used without the permission of the right holder, but only when the compensation is not used for private use but for business use, It should be harmonized with the development of democracy.
Google, representative firm that provides online news contents, provides news contents with deep–lnked manner by exposing the news headlines and 2-3 lines taking advantage of news contents created by the news media. However they insist that the use of news work in this way is a 'fair use' and are sticking to policies that do not need to royalties. Google has a powerful influence on the search services market, therefore, it is difficult for a news copyright holder to have comparable position and fairly to wrestle for royalty negotiations with respect to such a Google’s copyright policy. So it was reviewed in this paper if this policy of Google news works meets the copyright system designed to contribute to cultural development by protecting the rights of authors and promoting fair use.
Linking news work is seen as the 'public transmission' according to the current law, so the Supreme Court judgments on the "links" should be reconsidered. However, if such deep link be include in the Right of Public Transmission as exclusive right, it is not preferable in terms of promoting the free flow of information and freedom of expression on the Internet. Meanwhile when viewed as a logical concept, it is not reasonable to completely deny whether rights violations by that no 'link' does not correspond to the public transmission behavioris. In this case, it is appropriate to take an approach that limits the public transmission right as a specific case for the benefit of the public In addition, it is difficult that the uses of news works by Google are ‘fair use of copyrighted work’. It does not meet the criterion of fair use, ‘Proportions of used parts in the entire works, etc. and their importance' and ’Influence of the use of works, etc. over the current market or value or potential market or value of such works’. Therefore, in light of the intent of the copyright system to protect property rights in creating incentives for, and that the news has public value and democracy Impact, remuneration system as creation incentives and system that anyone can be utilized without discrimination should be sought for news copyrighted work. Therefore, by defining as a new type of the limits of the author's property rights, it guarantees to take advantage of the news works without the permission of the owner, compensation is recognized only when used by operating without a private use Therefore, it is necessary to regulate the use of news contents as a new type of restriction of author's property rights so that the news can be used without the permission of the right holder, but only when the compensation is not used for private use but for business use, It should be harmonized with the development of democracy.
| Translated title of the contribution | Study on Google’s copyright policy relating to the News work |
|---|---|
| Original language | Korean |
| Pages (from-to) | 869-908 |
| Number of pages | 40 |
| Journal | 강원법학 |
| Volume | 49 |
| DOIs | |
| State | Published - 2016 |