공동저작물 및 공동저작인접물과 관련한 몇 가지 고찰

Abstract

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.