드라마 극본을 소설로 각색한 경우 2次的著作物과 共同著作物의 判斷에 따른 著作權 侵害 問題 - 대법원 2016. 7. 29. 선고 2014도16517 판결을 중심으로 -

Abstract

This case is about the issue of the copyright infringement in which drama scripts were adapted into a novel, which was published later without the original writer's permission. In this case, the original writer wrote the drama scripts (Episode 1∼6), but the contract was terminated due to the dispute by and between the original writer and the accused, and then the rest of them (Episode 7∼32) were completed by the following writers. In addition, the publisher and the accused published a novel using the entire set of the drama scripts without the consent of the original writer. The main issues in this case is whether the entire set of the drama scripts, i.e. a secondary or a serial work, completed by the original writer and following writers should be seen as a joint work or as a derivative work. In the case of a joint work, author's property and moral right shall be exercised only by the unanimous agreement of the writers under Article 48 and 14 of the Copyright Law. Thus, the issue of the violation of the same provisions may arise. On the contrary, in the case of a secondary work, the issue of the infringement may arise under Article 12 of Law of Moral Rights of Authors and Article 13 of Right to the Integrity Law besides Article 22 of Right of the Production of Derivative Works Law since the following writer used the entire set of drama scripts without the original writer's permission. This paper examines the criteria of joint works and derivative works in the ruling in question and reviews the resultant issues of the infringement of author's property and moral right.