2차적저작물의 개념 및 법적 취급에 관한 검토

• 영문명: A Study on the Concept and Legal Treatment of Derivative Works
• 발행기관: 세창출판사
• 저자명: 신재호(Shin, Jae-Ho)
• 간행물 정보: 『창작과 권리』2011년 겨울호 (제65호), 57~88쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.12.01

영문 초록

This paper conducts a comparative review of derivative works defined by the Copyright Act and of dependent inventions by the Patent Act, and then makes an analysis of some related interpretative and legislative problems. To begin with, derivative works are those with the originality in their literal expressions by means of the original works' consisting of non-literal expressions. However, if they have substantial similarity in literal expressions, they cannot be referred to as the derivative works even though they have remarked creative elements. Next, the use and change of the works can be regulated by the right of reproduction or the right of the production of derivative works. The right to preserve the integrity should be limited only to the case which changed works are used as though they were the original works. Finally, the Right of the Production of Derivative Works should be restricted in order for a Derivative Works (for instance, one that causes a new demand that has not been expected by its original author) to be produced and exploited without permission by the original author. It suffices as incentives that the original author can clarify his or her own originality and earn royalties therein.

목차

Ⅰ. 시작하며

Ⅱ. 문제의 제기

Ⅲ. 특허법상 이용발명과의 비교 검토

Ⅳ. 2차적저작물작성권에 관한 검토

Ⅴ. 맺음말

참고문헌

Abstract

키워드

2차적저작물 이용발명 2차적저작물작성권 내재적 표현 실질적 유사성 동일성유지권 derivative works(secondary works) dependent invention Right of the Production of Derivative Works non-literal expression substantial similarity Right to Preserve the Integrity