공동저작물 및 공동저작인접물과 관련한 몇 가지 고찰

• 영문명: Some Studies on Joint copyright and Joint Neighboring right
• 발행기관: 세창출판사
• 저자명: 오승종(Oh, Seung Jong)
• 간행물 정보: 『창작과 권리』2011년 겨울호 (제65호), 89~128쪽, 전체 39쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.12.01

영문 초록

The creation or performance of copyright work is increasingly done by a join action of a number of persons rather than a single person in reflecting the development of society and generalization of division and collaboration of labor. In particular, a recent tendency of becoming large in size is a phenomenon commonly occurred in the field of almost every copyright work and neighboring rights work. The absence of precise and concrete principle of law related to joint copyright work and joint neighboring rights work would lead to confusion in many ways to not only creator(s) and performer(s) but also those distributing and using it. Nevertheless, it is true that a thorough review on the principle of joint copyright work and joint neighboring rights work has not been sufficiently done by Korean copyright law until recently. In particular, the amendment of the Copyright Act in 2006 has allowed performer(s), one with neighboring rights with moral rights almost equivalent to that of author(s). In this respect, sufficient studies on the rights of joint performers including the exertion of rights and remedy should be necessarily done. The current paper intends to express what author concludes on the legal issues, in particular requisite for establishment and exertion of rights and the remedy for infringement of rights related to joint copyright work and joint neighboring rights work in analyzing the enactment of foreign regulations and domestic and foreign theories and precedents thereof on the basis of the regulations relevant to the Copyright Act.

목차

Ⅰ. 문제의 소재

Ⅱ. 공동저작물의 성립요건

Ⅲ. 공동저작물의 권리행사

Ⅳ. 공동실연자의 권리행사

Ⅴ. 공동저작물의 권리침해에 대한 구제

Ⅵ. 맺으며

참고문헌

Abstract

키워드

공동저작물 공동저작인접물 공동창작 공동실연 공동저작자 공동실연자 공동저작권 공동저작인접권 joint copyright work joint neighboring rights work joint creation joint performance joint creator join performer joint copyright joint neighboring rights