미국 뮤지컬 저작권 사례 연구 -창작대본의 공동저작물 성립과 관련한 국내 공연계약 적용안을 중심으로-

Abstract

This article addresses joint works of authorship of original works which are produced by collaborative creation in the musical theatre productions. There are three legal cases related to joint works for musical theatres in America. American courts had denied the claims of 'joint authorship' caused by actors, producers, and dramaturg because there were no evidences about the mutual intents for creating joint works and the contribution claimed by participants except playwrights were not copyrightable. Our courts and copyright law have similar view of points like the American courts. In my thoughts, the interests of collaborative creators should be guaranteed. I want to suggest the method for compensating their contributions. At first, playwrights could transfer the copyright to the producer, and then the producer can divide the interests with others according to their respective amounts of creative contributors. I want to encourage artists to make contracts in performing arts fields and to realize that the fair contributions should be compensated. This paper says the value of collaborative creation and the achievement of commercial success for musical theatres. Also, it emphasizes the importance of contracts and the knowledge of copyright law.