저작자 보호와 문화산업 발전의 ‘시소 놀이터’가 된 현행 저작권법 - ‘구름빵’ 사건이 보여준 현행 저작권법의 모순과 저작자 보호를 위한 방안 모색
The Copyright Act of Korea as the Seesaw at Playground between the Protection of an Author and a Creative Industry - Lessons from ‘Cloud Bread’ case showing problems of protection of author
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This article discusses legal issues and their solutions regarding so called ‘Cloud Bread’ case which was filed a suit for the contract revocation and the return of the copyright to author, referring to the agreement between an author and a publisher . The author was known as the victim of unfair terms of copyright contract, who had received the unreasonable amount of lump sum payment even after a phenomenal success. However the lower court and the appellate court found the contract between the author and the publishing company was valid, and there was no results for plaintiff. They were confirmed by the Supreme Court in June 2020. The divergence between legal decision and real acknowledge would have existing rule and regulation be interpreted, and have new legislation be built as well. It should be necessary to have new legal models for an unfair treated author such as newly suggested interpretation, the adoption of Bestseller Clause. And also the interpretative contradiction owing to considering two stakeholders would get resolved through the deletion of the phrase ‘the development of creative industry’ in the purpose Clause of Copyright Act of Korea.
Abstract
This article discusses legal issues and their solutions regarding so called ‘Cloud Bread’ case which was filed a suit for the contract revocation and the return of the copyright to author, referring to the agreement between an author and a publisher . The author was known as the victim of unfair terms of copyright contract, who had received the unreasonable amount of lump sum payment even after a phenomenal success. However the lower court and the appellate court found the contract between the author and the publishing company was valid, and there was no results for plaintiff. They were confirmed by the Supreme Court in June 2020. The divergence between legal decision and real acknowledge would have existing rule and regulation be interpreted, and have new legislation be built as well. It should be necessary to have new legal models for an unfair treated author such as newly suggested interpretation, the adoption of Bestseller Clause. And also the interpretative contradiction owing to considering two stakeholders would get resolved through the deletion of the phrase ‘the development of creative industry’ in the purpose Clause of Copyright Act of Korea.
참고문헌 (17)
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