음악저작물에서의 샘플링 기법과 저작권 침해에 관한 소고 - 대중음악의 창작적 특성을 중심으로 -

Abstract

Recently, Korea's popular culture industry is growing rapidly. It is growing in various fields such as movies, music and drama, and the most outstanding among them is Korean popular music. Korean popular music, represented by K-POP, is gaining popularity around the world due to the development of the Internet. In this quantitatively large music market, the possibility of increasing legal disputes arising from the production and distribution of musical works increases. The copyright law should seek a balance between rights in terms of protection of copyright and freedom of creation. The most problematic point of contact between the music creator's rights protection and creative freedom is sampling or remix (or mash up) techniques. Sampling techniques that use a part of original work as it is or manipulate and modify it as a component of a new creation have copyright infringement problems depending on the usage of the technique. Because the recent development of digital technology, not only music professionals but also ordinary people can easily produce and distribute their own productions using programs. In this paper, I examine the sampling or remix technique (II), examine the requirements of copyright infringement from a musical point of view, and then examine the characteristics of sampling and copyright infringement (III). In conclusion (IV), I consider the fair use doctrine recently presented in the US case to judge the copyright infringement of musical works using sampling, and I would like to suggest a method of approaching through the distinction between the creativity element and the non-composing element, which are the characteristics of musical works.