계약법과 저작권법의 충돌

• 영문명: Conflict Between Contract and Copyright: Focused on Reversion Right of Works in the Contract of Broadcasting Products
• 발행기관: 한국민사법학회
• 저자명: 정진명(Chung, Jin-Myung)
• 간행물 정보: 『민사법학』제38호, 101~135쪽, 전체 35쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2007.09.30

영문 초록

Recently, the change of broadcasting environment has contributed the demand of broadcasting programs so much, that it has made products with an outside order and international co-production manufacture actively. Broadcasting products with an outside order mean all of the broadcasting programs that others except broadcasting workers manufacture. They make a broadcasting right the core of a contract and other rights become to be regulated according to the second use of broadcasting programs because they have been manufactured for the purpose of broadcasting. The contract of products with an outside order has the characteristics of a contract for work, so it is the principle that possessive right of broadcasting programs belong to an orderer. But it is possible to occur explanatory conflict between contract and copyright because a copyright becomes to reverse to a manufacturer by the principle of reversion. The article of a full transfer about a copyright stated in the contract of broadcasting products contains the possibility that the principle of creator s reversion by a copyright law can be violated by the principle of the freedom of contract. Especially a transfer contract of a copyright is being achieved under the principle of the freedom of contract for all copyrighter s disadvantage, so problems of unfair contracts can be caused. Other legal conflicts might be occurred because laws connected with broadcasting and legal concept of a copyright law are not accorded. In this study, reversion right of manufactured broadcasting programs with an outside order and its possibility of right for transfer among legal problems connected with the contract of manufacture of broadcasting products were researched.

목차

Ⅰ. 서론

Ⅱ. 방송물제작계약의 의의 및 특성

Ⅲ. 방송물제작계약의 법적 성질

Ⅳ. 방송물제작계약에 있어서 저작물에 대한 권리귀속

Ⅴ. 결론

키워드

contract copyright contract of broadcasting products broadcasting program products with an outside order reversion right principle of the freedom of contract principle of creator s reversion