Specification of Secondary Work Creation Rights in Standard Contracts for Comics
Expanding Policy Support for Swift Resolution of Unfair Contract Disputes
The government will strengthen policies and systems to protect creators' rights in order to prevent the recurrence of the 'Black Rubber Shoes Tragedy.' On the 15th, Park Bo-gyun, Minister of Culture, Sports and Tourism, stated, "It is heartbreaking that writer Lee Woo-young passed away at an age when he should have been actively creating," and added, "We will further enhance measures to protect creators' copyrights." Lee Woo-young, the creator of the comic 'Black Rubber Shoes,' recently passed away amid ongoing legal disputes. Due to unfair contracts, despite being the original author, he was unable to fully utilize his own works.
The Ministry of Culture, Sports and Tourism is reviewing the standard contract for the comic sector, specifying the rights to create derivative works, and establishing copyright protection measures for creators, including mandatory prior consent for contracts with third parties. Additionally, the ministry will re-examine the contents of eighty-two standard contracts across fifteen fields and improve provisions that disadvantage creators to foster a fair contracting environment.
Various educational programs will also be prepared. A ministry official said, "We will expand customized copyright education from eighty participants annually to 500, and prepare an 'Easy-to-Understand Core Guide to Copyright Contract Cases,'" adding, "We will prevent unfair contracts in advance through the operation of the unfair consultation window 'Manhoein Helpdesk' and outreach standard contract education."
The scope of policy support for creators to swiftly resolve disputes related to unfair contracts will also be expanded. The number of cooperative organizations assisting with complaint reception at the Korea Creative Content Agency's Fair Coexistence Center will increase from thirteen to sixteen, and a system providing ongoing legal and labor consulting will be established. The use of the Korea Copyright Commission's dispute mediation system, which helps amicably resolve disputes between parties, will also be actively promoted.
The 'Act on Fair Distribution and Win-Win Cooperation in the Cultural Industry,' which includes provisions for creating a fair environment by genre, is currently pending in the National Assembly. The Ministry of Culture, Sports and Tourism plans to cooperate to ensure the bill passes in the first half of the year. A ministry official stated, "We will define ten representative unfair practices as prohibited acts and establish sanctions, while regularly conducting surveys on the creation, production, and distribution environment."
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