미술에서의 저작권 문제 - 미술 저작권 적용을 중심으로 -

Abstract

Copyright law aims to contribute to improving cultural industry and related businesses by protecting the rights of the authors who produced creative works and the equivalent rights and promoting the fair use of such creations. As intellectural property, copyright refers to a monopolistic right to allow to copy creations. Historically, copyright law, which was enacted to protect publication early in the 18th century in the West has been increasingly applied with the changes in cultural arts environment and the development of technology, which produced complexity. The protection system of copyright consists of ‘creations, author, copyright, limitation of and exception to protection, owner of neighboring copyright, and protection of right.’ The basic principles of this copyright are the necessity of the general public sector to use the outcome of knowledge and the stimulation of creative activities to protect author. The protection of copyright must meet the requirements of ‘identity, expressionality, and creativity.’ However, these requirements have elements to cause disputes depending on situation. Particularly in art creations, the classification into pure arts and applied arts is often ambiguous, and in case of applied arts, various interpretations need to be made because of difficulty in classifying industrial products and possibility to conflict with ‘design law’ including industrial design. Especially in case of parody, one of the major branches of postmodernism, ‘appropriation art’ has widely been acknowledged, but the original meaning of copyright has often been damaged. Copyright issue in art is classified into author's moral right and copyright, but the problem is that duplication with creations in other fields is open depending on fusion and deconstruction of genes in modern arts. Many problems will be raised in the future copyright issue, for example spread of media such as design, photo, and media and arts providing major contents on cultural industry. Unlike other fields of art, art is tolerant in exhibiting and using creations in terms of ‘publicness’ and most of the authors lack in understanding the infringement of the copyright relatively. Copyright focuses on social publicness of art as well as its economic benefits. As shown in the examples of discourse on publicness, artistic creations, the scopes and limitations of copyright, and protection for publicness are to be discussed steadily in the future.