영상저작물에서 저작자의 분류와 의미에 대한 고찰

Abstract

The purpose of this study is to rationally adjust the interests of those involved in video works through the correct interpretation of the copyright law of video works, which is recently increasing their role and importance, and ultimately contribute to the development of the video industry. For this purpose, the signification and range of authors, the most important things in relationship of rights and duties of audiovisual works, are considered by searching for the interpretation of academia, judicial precedent and pieces of legislation and taking into account actual condition of production sites. Our copyright law has been also a cause of conflict as well as dispute over interpretation due to unclear legislation on the signification and range of authors of video works and the criteria for the recognition of the authors. Especially, even though authors of commissioned contents, such as scripts or music for making movies or dramas, are even creatively involved in producing video works, the majority of academia classify them as classical authors such as the original authors of novels and don’t recognize them as co-authors of video works. In addition, although the producers of video works, who have the status of the authors or copyright holders, play a important role in producing video works, their rights are uncertain and, the theories of academia are stingy in accepting their economic roles and responsibilities as video producers. Our copyright law has been revised several times, in relation to the copyright of video works, since the enactment of the new Copyright Act in 1987, but it seems that the revised contents are not responding the changes in the environment of the video industry in the age of digital contents but reflecting the interests of copyright organizations. For that reason, it is no exaggeration to say that the special clause on video works doesn’t actually play a role. Through this study, I expect the correct interpretation of the copyright relations of the video works and also hope to improve the special clause that has been almost nominal.