무용저작권 침해의 가이드라인 연구

Abstract

Copyright system has appeared in 15th with development of printed publication, and dance has lain in blind spot for a long time. In this article I checked up on and diagnosed problems that have happened so far, such as awareness on importance of copyright, second thoughts of rights relationship, including confusion and moral laxity, which are rampant now, caused as current copyright law is valid. Furthermore, I’d like to suggest what should be considered more and is wrong for current copyright law. I could get the result as follows through precedents such as musical <Cinderella>, <Singin’ in the Rain>, <Cats>, dance-musical <Ballerina who loved a B-Boy>, and dance-theatre <Happiness does not come in Grades>. Dance is combination work that choreography and music are combined; they have independent copyright respectively. Music copyright and choreography belong to songwriter and choreographer each unless a special contract is written up. Copyright infringement protects only expression separated from idea. So, only can people who embodied the expression be given the copyright, needing to judge ‘substantial similarity’ on works or derivative works investigated by comparing similarity of expression between them. Dance is classified into ‘play works’, but each work is composed of choreography/music, synopsis/music, script/music according to their characteristics. So, it is important to review if proper point of view is applied in each case because individual work even in the same genre has its own distinctiveness. I merely suggest that an official name of ‘play work’ be changed to ‘performing arts’ that can cover all kinds of performing works.