IP

251 GLOBAL PROJECT: COPYRIGHT TERM IS TOO LONG?

글 | 김승열 기자 2021-09-24 / 20:14

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f  For each ip rights, how about is the duration of protection? Patent right term is 20 years. Design right's is 20 years. Trademark right's is 10 years, but it can be renewed and theoretically there will be no time limit. 

 

   The term of the copyright is for the life time of an author and until the end of a period of 70 years after the death of the author. Then, how about is the copyrightholder who is not a natural person but judicial person such as company? The copyright holder who is a judicial person will be protected for a period of 70 years after it has bee made public. How about the work created by AI? Then, it pose a problem. Th copyright law provides that the protected copyrighted work is limited to a creative production that expressed human thoghts and emotions. It appears that it will not be protected. In such case, is there any way to protect such AI work? Literally speaking, there is no way to protect such AI work. However, if such work is publised in the name of a natural person who have a control over the AI, then such work will be protected. 

 

  The remaining question is if the term of the copyright will be too long? Compared with a patent right, it appears to be too long, which means too much incentive to the author(copyrightholder). Such too much protection will serve for the promotion for the creative work? It may be a question. Innovation should be put into the public domain which will more serve the promotion of the further innovative work. It is true that the author should have to maximize his/her profit from his/her work for a certain period of time, and then it should be returned to the public domain where anyone use such a work for the further innovation. 

 

I  It appears that we may think about the reduction of the term of the copyrights in terms of striking a balance between the incentive for the author and public interests of public domain where everyone share each other. 

 

 

 

 

 

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