‘오징어게임’의 저작재산권 양도를 어떻게 볼 것인가: OTT 시대 영상콘텐츠 권리 확보를 위한 제도적 방안

Abstract

The success of Netflix series Squid Game was accompanied by a significant issue, namely that the intellectual property (IP) rights to the video content were held by the platform rather than the production company. This situation reflects the growing influence of over-the-top (OTT) platforms like Netflix in the video content market, which has raised concerns about the transfer of IP rights and its impact on creators. This study aims to explore institutional measures that can address these issues and help secure video content rights in the OTT era, drawing on insights from the case of Squid Game. From a legal perspective, the transfer of IP rights between production companies and platforms is not inherently problematic, as it falls within the principle of private autonomy. However, applying the principle of public welfare that is applied to broadcasting is more challenging in this context. To address these challenges, one potential solution is to strengthen the structural capacity of production companies and increase their bargaining power so that they can negotiate more favorable contractual terms with platforms. For instance, discussions are ongoing about the right to claim additional compensation and reinvestment of platform revenues in the National Assembly, but there are limitations in terms of effectiveness due to conflicts between stakeholders. Ultimately, the best solution may be to encourage creators to retain their IP and provide them with the necessary resources to do so, including adequate financial support. This would increase their willingness to retain their IP and potentially lead to more diverse and innovative content in the OTT era.