모사 작품의 저작권에 관한 연구

Abstract

Although it takes a lot of time, effort and money, copy of a painting work do not give the rights under copyright law unlike the original work by looking at the copy work. The copyright issue on the copy of a painting work mainly occurs during the restoration of ancient works of art. Since the copyright of the old art work has already been terminated, a copyright dispute of the copy of a painting work occurs between the copy artist and a third party using the copy work of the copy artist. The copyright dispute of the copy of a painting work is an issue that can occur in many countries including korea with various forms of ancient arts, and the possibility of copyright disputes on the copy of a painting work gradually expected to increases as the production activities for copy of a painting work is actively made. In this study, Investigated precedents in Japan to investigate copyright issues in copying operations that may occur in Korea. According to Japanese precedents, in order for a replica to be recognized as a copyrighted work, mechanical copying must not be performed, and a new creative expression that is not substantially the same as the original must exist in the copy. In other words, in order for copy of a painting work to be recognized as a copyrighted work, the creative act of the copy artist must be exerted in the picture, which is the same as that of a work of art. However, in the copy work, It is essentially quite limited in that the copy of a painting work are substantially the same as the original. For this reason, the creativity of judging the copyright of the copy of a painting work is considered to be relatively generous compared to the creativity of judging the copyright of a general work of art.