문화산업의 발전에 따른 저작권법의 과제 -영상제작자의 영상화권을 중심으로-

Abstract

A Study on the Right to cinematize of the other's copyrighted works in Korean Copyright Act Kye, Seung-Kyoon* * Associate Professor, Law Department, Young San University This study is an effort to explain what is provided about the right to cinematize of the other’s copyrighted works in Korean Copyright Act.In practice, the Right to cinematize of the other’s copyrighted works is connected with the conclusion of contract. It is not a content of Korean copyrights.The Clause of the right to cinematize in Korean Copyright Act is very significant, if the terms of contract are doubtful between the author of original copyrighted works and a producer of a cinematographic work. In case where the dispute is happened about the terms of contract, this clause furnish the guiding principle of the construction of law. This is so-called “Zweckbertragungstheorie” in German, namely, in doubt, in favor of the author.If the owner of authors in property rights permits another person to exploit his work by means of cinematization, this permission shall be presumed to include the following rights, when there exists no special agreement:1. To dramatize a work for the production of a cinematographic work; 2. To publicly present a cinematographic work aiming at a public presentation; 3. To broadcast a cinematographic work aiming at a broadcasting; 4. To transmit a cinematographic work aiming at a transmission; 5. To reproduce and distribute a cinematographic work for its original purpose; and 6. To exploit the translation of a cinematographic work in the same manner as the cinematographic work. And if the owner of authors in property rights permits a person to exploit his work by means of cinematization, unless otherwise stipulated, he may permit, after the lapse of five years from the date of his permission, the cinematization of the work in another form of cinematographic work.