Title |
A Comparative Study on the Compensation for the Architectural Copyright Infringement between Korea and USA |
Keywords |
Architecture ; Copyright ; Infringement ; Korea ; USA |
Abstract |
International practice had been limited to the architects of few developed countries like USA, UK, Germany or France up till the last decade. Nowadays, Korean architects are seeking more chances of international practice and this trend will be more obvious in the future as the architectural education of Korea has recently adopted the UIA education standards. In these days, the knowledge on copyright of foreign countries should be a prerequisite for architects who are engaged in design jobs of those countries. Copyright infringement is a serious crime and may lead defendant architects to bankruptcy. Nevertheless copyright is being overlooked as there has been no keen interests of architects in that subject. This is evidenced by the few legal precedents existing so far, while many architects seem to suffer from the copyright infringement by others. In this study, copyright clauses of Korea and USA with special reference to architectural design were scrutinized and compared. Judicial precedents of both countries were investigated and analyzed in terms of the legal standards and the application of copyright law in the real situation. Finally, recommendations have been made to supplement the current copyright law of Korea and a direction has been suggested to enlighten architects about the importance of copyright |