조형예술가 관점에서의 지식재산권 연구 - 미술저작권 침해 대응 사례를 중심으로 -

Abstract

Art copyright often faces challenges due to the ambiguity of infringement criteria, making it difficult to clearly distinguish between victims and perpetrators or to take legal action. To effectively address art copyright infringement, it is essential to first understand the infringement details based on proper knowledge of copyright law. The purpose of this study is to develop educational methods in ethical practices for art majors to address issues of plagiarism, copyright, and appropriation. To achieve this, we analyze frequent cases of copyright infringement in fine arts, identify the precise content and infringement criteria of copyright law, and explore practical response measures. Specifically, we examine cases involving usage contracts, damage compensation negotiations, and violations of usage and distribution rights. Our findings are as follows: First, it is crucial for artists to have a thorough understanding of copyright law and a strong will to protect their own copyrights. Second, active responses from copyright holders play a vital role in achieving reasonable outcomes. Third, before taking legal action, seeking flexible resolution methods through consultation with the Copyright Deliberation Committee can be beneficial. Art copyright law is an important mechanism for protecting the personal and property rights of artists’ creations. Therefore, artists must protect their copyrights through awareness and understanding of the laws, and active responses from copyright holders are essential. This study aims to contribute to the protection of artists’ rights by presenting practical response measures that artists can use to effectively apply copyright law, thereby enhancing their ability to safeguard their creations. This underscores the critical role of legal and ethical education in empowering artists to navigate and address copyright challenges effectively.