저작권 구성론

• 영문명: The Construction Theory of Copyright
• 발행기관: 세창출판사
• 저자명: 김형렬(Hyoung-Ryel Kim)
• 간행물 정보: 『창작과 권리』2007년 가을호 (제48호), 92~127쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.09.01

영문 초록

This article is focusing on the construction theory of copyright. The construction theory of copyright is consist of monism and dualism(or droit double/double rights theory). First of all, in regard to Monism, it is made up of moral rights and economic rights which are inseparably related to each other and originated from copyright, has been adopted by Germany. Second, Dualism is theory that copyright comprises of moral rights and economic rights but they can be separate from each other for transfer, has been adopted by Korea and Japan, etc. But there is different views. None the less, the majotity insist that Korea copyright law was established under the Dualism. but Monism is a important theory for legislation of copyright law and it is desired that experts have a vigorous argument on this theme.

목차

Ⅰ. 서론

Ⅱ. '저작권 본질론'과 '저작권 구성론'

Ⅲ. 저작권 구성론

Ⅳ. 입법례

Ⅴ. 구성론에 대한 접근방법의 유형화

Ⅵ. 결론

참고문헌

Abstract

키워드

copyright moral rights economic rights monism dualism droit double double rights theory construction theory