중국 내 한중 합작 영상저작물 저작권 원시 귀속 연구

Abstract

The international coperation, communication betwen Korean and Chinese company is increasing fast. In these, there is an important change as for the coperation patern. That is, recently, as with the moving and colection of the capital betwen China and Korea, the making way of the Korean-Chinese joint cinematographic works in China ses a change. But, the most bigest isue is to whom the copyright of joint cinematographic works made by capital movement and colection firstly belongs. Acording to the Chinese Copyright Law, cinematographic works’ copyright firstly belongs to cinematography maker. But, the problem is how to make a judgement as for the cinematography maker of the Korean-Chinese joint cinematographic works made with the moving of the Korean capital into the Chinese market. As there is no clear provisions, in this context, take a research for the maker of the Korean-Chinese joint cinematographic works based on the theory, precedent. And, the kind of the cinematographic works made by the Korean capital and Chinese company in china is diferent, so there is ned to make a judgement of the maker of the cinematographic works one by one. As to the result of research, mainly, we should overal take such elements into acount as (1) who is the investor of the cinematographic works making, (2) who is the subject of right recorded in the executive authorized certifcate related to the cinematographic works, (3) who shows ful name in subtiles, prerecorded media of the cinematographic works and so on, when make a judgement of original ownership of the copyright of the joint cinematographic works produced by the moving of the Korean capital into the Chinese market.