무용저작물의 보호에 관한 제문제

Abstract

With the Korean wave; Hallyu and activation of culture industry, the dancing world also expanding more and more. However, there is no legal protection of it. Dance copyright is classified as theatrical work. Copyright law does not protect dance copyright. From this view, artistic feather of dance copyright is not recognised legally. US ignored dance copyright on the dance without theatrical factors until 1976. Recently, US copyright law handles dance copyright separately. Regarding this point, copyright law of US could be adopted in Korea. It should be separated dance copyright from theatrical work firstly and new legislation should be enacted to protect dance copyright. Now, dance copyright is classified under theatrical work and its speciality is overlooked. Thus, there is no legislative bill to protect dance copyright. License contract between choreographer and the dance company can be regarded as most important though, it could be favourable to only dance company side. To make contract protecting individual choreographer, new provision on dance copyright in copyright law is needed. In other word, by enacting provision, all the copyright of dance should belong to the choreographer after separating from theatrical work. Currently, if there was no special condition on the contract between choreographer and the dance company, copyright of work that choreographer made for dance company belongs to dance company. Nevertheless, the right to control should belong to the choreographer ultimately even in this case. Copyright is a kind of the intellectual property, thus when choreographer become to exert intellectual property, they will be protected more than now. Moreover, it is urgent to clarify in copyright law that the contract should include that royalty should be paid to choreographer at least when the masterpiece being revived.