한국과 중국의 영상저작물에 관한 권리관계 비교

Abstract

While the joint production of cinematographic works between Korea and China has been active, the Korea-China Free Trade Agreement in 2015 has benefited and facilitated the entry of both cinematographic works and related professionals in both markets. As a result, the joint production of cinematographic works between the two countries has become more active. Joint production by the export of capital, a special production way of cinematographic works, includes many types of participants such as authors, performers, producers, investors of both Korea and China. Therefore, it is an issue whether the current legal system of Korea and China can be harmonized and protect the complicated rights regarding cinematographic works properly. This article examines the rights relations related to the different laws of Korea and China, considering numerous types of participants such as performers, producers, investors and authors including screenwriters, cinematographers, songwriters and composers. In particular, this article examines who owns the copyrights in joint cinematographic works which are made in China, in that there are many participants in the production process of cinematographic works. Regarding the copyright attribution of cinematographic works, the Chinese Copyright Act stands in the position centered on producers, and all the copyrights such as economic rights and moral rights related to cinematographic works originally belong to producers. On the other hand, not only the producers but also individual authors such as directors, screenwriters, cinematographers, songwriters, and composers who contributed to the creation of cinematographic works have the right to indicate their names on the cinematographic works. One of the most distinguishing features of the production of Chinese cinematographic works is that administrative intervention has a great influence, and when Korean producers produce cinematographic works in China, they have to cooperate with Chinese production agencies or combine with Chinese capital. Through Korean producers’ cooperative production with the Chinese staffs or capitals, Korean producers can be granted primitive copyrights on cinematographic works which were made in China. Especially, in judging who is a cinematographic producer under the Chinese Copyright Act, the most important element is who invests for the production of the cinematographic work. Therefore, in order to acquire the copyright of a cinematographic work in China, it is essential to become the investor of the cinematographic work and to be recognized as the producer related to the cinematographic work.