복수의 저작자가 관여한 저작물에 관한 검토 - 대법원 2016. 7. 29. 선고 2014도16517 판결 -

Abstract

Drama scripts are generally a creation involved by multiple authors, also both a derivative work based on an original work such as a novel and an original work of a video work such as a drama. Copyright disputes regarding such drama scripts occur in various types. Recently, the Supreme Court’s ruling on the dispute over scriptwriters’ copyright has received attention due to the issue of the infringement on the right to preserve the integrity and the right of the production of derivative works in the most controversial areas in the Copyright Act, such as joint works and derivative works. This ruling has its significance in that it has made clear that the condition of joint works is the “intention to merge creative contributions” regarding works created by no less than two authors in consecutive order at different periods. In addition, the ruling leaves room for the works that lack the condition of the “intention to merge creative contributions” and that cannot be used separately to be neither derivative works nor joint works. Meanwhile, the issue of the infringement by derivative works on the right to preserve the integrity of original works should be judged based on whether the “original works identifiable from derivative works” have been altered. It is desirable that the right to indicate the author’s name regarding derivative works be prescribed through legislation.