사회적 문화변용의 관점에서 미술저작물에 관한 추급권의 필요성과 입법론의 제안

Abstract

Now, our society is in the AI era beyond the digital era. Although the possibility of AI exhibiting art works in the future society cannot be ruled out at all, art works are still recognized for their inherent value as works with high artistic value through a series of creative processes in which labor is projected by humans. are receiving Art works enrich human cultural life and contribute greatly to social and cultural development. However, on the contrary, our society is still not equipped with a structure to pay additional royalties corresponding to sufficient copyright fees to the authors of artistic works as a reasonable price for their labor. As you may know, it is reasonable to newly establish and legislate ‘Copyright Act Article 113-3(Resale Royalty Right)’ as a reward for labor for the development of society and culture accordingly, since art works contain and express the ideas, ideas, worldview, and artistic value of the author. However, from the perspective of social cultural change in terms of fair redistribution of social wealth and securing the effectiveness of the resale royalty right, it is appropriate to legislate so that the owner of the right of follow-up based on the resale royalty right can be refunded to all owners in the middle stage, including the author and the first seller who purchased the artwork for the first time. For example, 3% is deducted as a fee from the Korea Copyright Commission, which oversees the collection of additional royalties, within the range of 30% for the sales difference caused by the original author reselling it to a third party in turn, after the original author has sold it for the first time. 9%, and other intermediate stage owners need a legislative improvement plan to equally refund the additional rights in the reverse order within the range of 18%.