무용공연 지식재산권의 현재와 개선방안

Abstract

Culture is considered as a huge industry and it has had a great impact on the domestic economy since it settled down. It also has grown into a cultural industry by importing and exporting competitively in various ways, such as art exhibitions, plays, musicals, music and dance. Nevertheless, intellectual property rights issues have been emerged as a brake on the development of cultural industry. Due to poor infrastructure of the cultural industry and insufficient legal system, cultural providers are not protected by cultural activities. Currently, in Korea, dance is only defined as one category belonging to theater works, and there is no specific mention of dance works. For this reason, it has been discussed for a long time that the choreography should be recognized as a work only if it is fixed in a form such as unsecured to compensate for the part not specified in the law. However, in Korea and Japan, the fixation for theater works such as plays and dance is not defined as a factor of copyright. In this study, I examined the issues on intellectual property rights in dance and considered the cases of domestic intellectual property infringement and copyright precedents related to performances in order to suggest legislative direction for the related matters. As a result of considering the issues, I would like to suggest the following legislative direction to protect the intellectual property rights of dance. First, The dance should be considered as a creative work of art, separated from the theatrical work, and clarified so that the concept can be recognized and settled. Second, Legal revisions to the intellectual property rights of dance works should be made. Third, it is necessary to establish standards for legal grounds that infringe the intellectual property rights of dance works. Fourth, in the field of dance, the support system should be expanded as well as the improvement plan for IT and other fields.