저작권법상 동일성유지권의 범위에 관한 검토

• 영문명: A Review on the Scope of the Right of Integrity : Focusing on the Case about the Popular Music
• 발행기관: 한국IT서비스학회
• 저자명: 박다효(Da Hyo Park) 강승희(Seung Hee Kang) 장순호(Soon ho Jang)
• 간행물 정보: 『한국IT서비스학회지』한국IT서비스학회지 제19권 제4호, 109~124쪽, 전체 16쪽
• 주제분류: 경제경영 > 경영학
• 파일형태: PDF
• 발행일자: 2020.08.31

영문 초록

In 2012, Psy s music video Gangnam Style spread through parodies, and gained explosive popularity. In 2016, there was a case so-called as ‘baseball ground cheering song’ in which a author(songwriters) claimed an infringement of the ‘right of integrity’ related to cheering songs used by professional baseball teams. In response, the court denied violating the right of integrity in 2019. These cases have different effects depending on whether or not the right of integrity is claimed. This study attempted an economic analysis in addition to a legal analysis of the right of integrity. Korean copyright law regards even simple changes that go against the author s will as a infringement of the ‘right of integrity’ even if they do not harm honor or reputation. Such legislation is one of the most strongly protected forms in the world, so it cause many problems. Meanwhile, we analyzed the cost-benefit analysis of Psy s ‘Gangnam Style’ case and the ‘baseball ground cheering song’ case. As a result of the analysis, the right to integrity is inefficient in quantitative and qualitative aspects. Therefore, the right of integrity should be reconsidered with the focus on ‘popular music’. In particular, considering the development of information communication technology and changes, a revision direction is needed to meet the purpose of the copyright act. Furthermore, in order to solve the legal issues under the Copyright Act, the requirement for infringement of the right of integrity should be relaxed. Then, we proposed the establishment of a proviso clause on the right of integrity.

목차

1. 서 론

2. 현행 저작권법상 동일성유지권

3. 동일성유지권의 범위에 관한 비용 편익분석

4. 동일성유지권 개선 방안

5. 결 론

참고문헌

키워드

Right of Integrity Scope of the Right of Integrity Cost-Benefit Analysis Copyright Moral Rights Popular Music