대작과 저작권

Abstract

This paper aims to examine the relationship between ghostwriter and copyright. Historically and socially, it can be said that ghostwriting has become commonplace. Ghostwriting is that the real author hides. In the realm of creation laws, such as patent law and design protect law including copyright law, there is a system that allows true creators to be granted legal rights. In Korea, there is a provision for presumption of authors, in which the person indicated in the work is regarded as the author. In the case of a ghosterwriter agreement, there has been a discussion about whether such a ghostwriter agreement is legally valid from an early age, and the discussion is still ongoing. First of all, A ghostwriting is related to the principle of creation and principle of creator of the Korean Copyright Act, plagiarism, and the right of paternity. And in Korean Copyright Act, it is also related to the establishment of false indication. Because ghostwriting basically hides the true creator and indicates others as the author, there is a connection between research misconduct in the academic world and creative ethics in the fields of art and literature. In addition, in Korean Civil Law, there may be a discussion on whether the ghostwriter agreement violates the provisions of Juristic Acts Contrary to Social Order. A ghostwriter is related to various fields not only in the code of ethics but also in the legal norms. This paper has tried to address all of these points as much as possible. Opinions in Korea are divided as to whether the ghostwriter agreement is valid. Opinions are also divided even on the establishment of the crime of false indication of the Korean Copyright Act. However, in Germany, such a ghostwriter agreement is regarded as a violation of Juristic Acts Contrary to Social Order in the case of academics and arts, and in the autobiography of politicians, such ghostwriter agreement is considered valid. This opinion in German seems to be conscious of the ghostwriter market. In our legal system, it is thought that the agency system is basically recognized on the principle of private autonomy. Nevertheless, it is thought that Ghostwriter is related to the power harassment culture in Korea. Considering this point of view, the opinion to deny the ghostwriter agreement is also strong. And with the advent of artificial intelligence, a new discussion is needed for the ghostwriter