[Abstract]
In the field of contents industry, anyone can produce contents and distribute them. The development of wireless communication has changed the contents transaction landscape. And the distribution channel of contents has been changed from face to face transactions at the ¡°mart¡± to the ¡°smart¡± platforms. In order to integrate these new transaction trends into a stabilized contents ecosystem, it is essential to establish rules for fair transactions that would ensure coexistence among the market participants.
The structural reasons for unfair transactions in contents are threefold: one, the industry consists of a large number of small-scale businesses, two, the distributors maintain superior positions in the transactions, and three, the economic valuation of the contents is difficult. As a consequence, we witness certain types of unfair contents transactions in practice: firstly, a lack property right protection is exemplified in forced assignments of intellectual property (IP) rights, and the production of similar contents; secondly, a violation of contractual conditions is exemplified in the lowest cost bid, unilateral change in business connections, refusal of inspection, and unfair rebroadcast revenue sharing.
This study finds ways to improve the legal system that guarantee the market participants the shares that they deserve, in the midst of a dynamic change and competition in the industry. This research institution has classified various contents industries into three categories based on the types of original acquisition of contents rights: rights assignment type(natural mother type), original acquisition type(adopting mother type), and monopsony type(nursing mother type), and ed software, publication, portal as a representing industry, respectively.
This study surveys and analyzes legal materials including case laws from South Korea, Japan, the U.S. and decisions of the Fair Trade Commission, to suggest appraisal standards for discerning between fair and unfair transaction. It provides administrative guidelines for each contents industry, which, in turn, suggests a legal framework for various contents industries.