The Research on the Copyright Policy for the Protection, Preservation and Utilization of Intangible Cultural Heritage

Efforts to preserve, protect, and utilize intangible cultural heritage (ICH) have persisted both at home and abroad, with the establishment of records and archives comprising a part of the process. Regrettably, the digital archives that are currently under construction in Korea face complex issues regarding the management of intellectual property rights.The ICH-related contents held by the National Research Institute of Cultural Heritage are considerable in quantity, and outstanding in quality. The Institute has implemented somewhat detailed regulations towards its vast and valuable contents, particularly with regards to the appropriation of rights, and the Institute retains copyright for the majority of its contents. In cases where a third party holds the copyright, regulations specify commitment to the author’s moral rights and the performer’s rights. On the other hand, in cases where the Institute permits a third party to use contents for which it holds rights, there were no relevant regulations or user license, with the exception of publications. A more fundamental problem lies in the fact that there is a lack of sufficient discussion or consensus regarding the usage direction or usage permission for contents owned by the Institute. The implementation of an IPR policy is paramount to overcoming these issues.The mission of the National Research Institute of Cultural Heritage is to “enhance the value of Korean culture” through the “creation of knowledge regarding cultural heritage” and the “utilization of cultural heritage.” To fulfill this mission, the Institute must actively provide its contents, allowing the general public to make better use of the contents. However, the Institute must uphold the relevant laws in the endeavor, while also seeking cooperation from source communities and adequately reflecting their interests and concerns. In order to realize these aims, the Institute must affirm the details regarding the appropriation of content rights, as well as the scope of usage and legal relationships, establishing the required organizational structure and processes, and revising relevant regulations.