영화 창작자들을 위한 정당한 보상에 관한 연구 - 국내 영화산업 내 정당한 보상제도 설계를 중심으로 -

Abstract

Most Korean film creators are completely alienated and receive no compensation from the film distribution process after transferring all their rights to producers in accordance with the Special Rules concerning Cinematographic Works under the Copyright Act. On the other hand, as secondary digital markets such as online platforms are rapidly emerging as a new window for film distribution, the need to compensate film creators for a fair portion of the revenue generated from various chains of exploitation is increasing. Amid these circumstantial changes, this study started with an idea on designing an "Equitable Remuneration” system for film creators. In order to specifically devise a system, this study clarified the legal definition of film prescribed under the Copyright Act, and then reviewed the need for providing compensation for domestic film creators as well as foreign discussions including the international legal study of the International Confederation of Societies of Authors and Composers. As a result, it became evidently necessary to specify the unwaivable and inalienable rights of creators before making a specific system, so this study proposes stipulation of the Remuneration Rights under domestic copyright laws. In addition, the introduction of the Residuals system and the Private Copying Levy system was considered as a method of realizing Equitable Remuneration. As successful implementation of both systems require the role of Collective Management Organization on film copyrights and many complex tasks remain, harmonious solutions to the preceding tasks shoulld be sought.