저작권법의 영상저작물에 관한 계약특례

Abstract

The Copyright Act has special provisions governing cinematographic works in Chapter III to help supplement the contents of contracts concluded among the persons who take part in producing cinematographic works, but still requires legislative improvements as follows: First, where the author of a work licenses a producer of cinematographic works to use his work by means of cinematization, it is not clear whether the right to use such work is exclusive or non-exclusive. Judging from the general character of cinematographic works, it should be construed to be an exclusive right. Accordingly, the Copyright Act needs to be amended to specify such fact. Also, it is required that the said Act stipulate such rights to use in a more comprehensive way, not by means of enumeration. Secondly, the Copyright Act should be amended to make clear the rights of the performers (the right to indicate their names and the right to demand the suspension of serious distortion) who participate in producing cinematographic works. Thirdly, the Copyright Act needs to establish the prohibition of any distorted or curtailed use of cinematographic works which might infringe on the reasonable interests of the producers of the cinematographic works. Lastly, the Copyright Act should be revised to specify the authorization of the authors of works, the producers of cinematographic works, and the owners of neighboring copyrights to prevent any serious distortion or other grave infringement of the works, etc. concerned.