영화산업에서의 음악 저작권 쟁점에 관한 연구

Abstract

When a film producer wants to use music in their movie, they must process copyright. The handling of music copyright in films has been relatively difficult compared to the broadcasting industry in that film makers should negotiate directly with the rights holders. By 2010, furthermore, the Korean Music Copyright Association (KOMCA) sought to collect royalties on movie theaters. During the negotiations with the film industry, KOMCA filed criminal charges and civil lawsuits. However, through the intervention of the Ministry of Culture, Sports and Tourism, and based on the judicial judgement on major issues, the criteria for the payment of music copyright fees in film industry were established. However, some issues still remain to be solved ; the absence of a copyright process standard for the use of overseas music, the revision of terms of use for the rights of the music producers, the copyright issues of right holders who don't belong to collective organizations, the issues of handling rights of right holders who left collective organizations, authors' moral rights issues, and transmission rights issues in secondary markets. Nonetheless, it is highly appreciated that the objective criteria for the use of music in the film industry through discussion by stakeholders since it aims to find a suitable balance point for the protection and use of creative works. Efforts should be made to find appropriate balances in relation to other rights holders such as screenwriters.