문학작품의 저작물성 판단기준에 관한 연구

Abstract

The purpose of this study is to examine what are reasonable judgment criteria for the copyrightability of literary works. To meet the purpose, this study discussed achievements of previous studies on the basis of relevant literatures and reference materials, and sought to examine into detailed judgment criteria for the copyrightability of literary works primarily on judicial precedents. As a result, this study could come to the following conclusions: First, it was found that the‘writings or work’protected under the Copyright Law is and remains available as anything revealing personal originality, whether literary, academic or artistic, rather than something qualified for special requirements. Furthermore, it was found that every writing or work implies its own copyright, no matter how much fine or poor it may be, and a copyright is produced immediately on the completion of creation without need of any procedure or method. In addition, it was also found that an original work may be used as a source for re-creation by other people to produce secondary works by means of translation, arrangement, modification, adaptation (dramatization) and film production. And according to current Copyright Law, the definition of ‘creativity’doesn’t mean any perfect and ultimate sense of originality, but implies that a work is not a simple imitation of other’s work but contains each author’s independent ideas or emotional expressions. As found out in this study, the current Copyright Law admits that the said least requirement can be met simply when a work is characterized by the outcome of its author’s own mental efforts and can be discriminated from any comparable work of other author. That is, the said law takes a position of demanding moderate creativity, not high. On the other hand, this study discussed that title of a literary work cannot deserve any recognition as a‘work’under current Copyright Law, contrary to the content of literary work. From the perspectives of researcher hereof, it is unreasonable that no copyrightability should be allowed uniformly for any title of work, but some of titles may be recognized as a work, if they contain creatively and fully expressed ideas or emotion. Ultimately, since the substantial similarity depends inevitably upon type of work or ideas contained therein, this study can come to a conclusion that certain case - by - case criteria should be applied differently to final judgment on plagiarism or unauthorized reproduction, depending upon the weight and scope of quotation, the way of expression and the specialized domain of work. Hence, it is urgently demanded that technological advantages of latest digital world should be leveraged to the maximum extent as applicable so as to create a network and database of works and copyright proprietors by each category of literary works in favor of streamlined licensing practices for literary works. Furthermore, it is also critical to prepare a comprehensive system to promptly judge any substantial similarity of a work to comparable counterpart.