earticle

영어

As described in the article 202 of U.S. Copyright Act, the ownership of a copyright, or of any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied. Transfer of ownership of any material object, including the copy or phonorecord in which the work is first fixed, does not of itself convey any rights in the copyrighted work embodied in the object; nor, in the absence of an agreement, does transfer of ownership of a copyright or of any exclusive rights under a copyright convey property rights in any material object. But when we use or enjoy the any material object in which the work is embodied, there is a conflict between the ownership of copyright(hereinafter 'copyright') and the ownership of material object(hereinafter 'ownership'). Copyright is a exclusive right, So is ownership. The extreme protection of one right makes the other useless. So there must be the harmonization. The one of systems to harmonize between two rights is the first sale doctrine. But there are many others. For example, we recognize the Right of Integrity for the benefit of the author, but in owner's behalf the author shall not object to the extension, rebuilding, or other form of alteration of architecture. Even though we adopt the first sale doctrine, on the other hand, we recognize the Right of Rental for the benefit of the author: the right to rent a commercial phonogram or commercial program for profit-making purposes. So this paper research some aspects of the conflict and harmonization between the ownership and the copyright : ① the playing of commercial phonograms before public, ② the exhibition or reproduction of works of art,③ the alteration and destruction of the copy of the work and the moral right, ④ the author's right of access to the copy of work, and the right to require that a copy of work be lent for exhibition, ⑤ the first sale doctrine and its exception, ⑥ the abandonment of the material object and the right to disclose. As a conclusion this paper proposes some ways to balance between copyright and ownership.