실연자의 실시간 온라인 공연권에 대한 고찰

Abstract

A performer uses the work of an author during the process of a performance. In Korea, performers are given performance rights for non-fixed performances. The definition of “public performance” in Korea Copyright Act is appropriate in the sense that a copyright holder has the right to use his or her work and present it to the public, however, it is not intended to mean the performer’s right to perform. When reviewing of particular international treaties and foreign legislation, a performer’s right is essentially the right to fix his or her performance, or to transmit it to a place other than the venue. The public performance right of Korean performers is defined as the right to present unfixed performances to the public, but that “to present” should be understood as a concept of communication. Real-time one-way transmission of public performance (including sound and images) through internet should be covered by the performance rights of performers. The important point is, that the concept of public performance should not be used as the same concept in copyright holders, performers and the remuneration right. Therefore, it is necessary to separate and define each pertaining performance concept of the copyright holder, performer, and remuneration right in order to adequately assess and delivery fair rights to all performers.