建築 관련 著作人格權 중 同一性維持權에 관한 硏究

Abstract

Copyright in architecture is not a popular topic for a day-to-day discussion, but has become better known to architectural professions than in the past. However, moral rights of copyright are rarely known to the profession yet. Buildings, its models and plans are referred to as architectural works. and architects as the copyright owner possesses copyright in his/her architectural works. Copyright is divided into two categories, which are the property rights and the moral rights. While the property rights relate to the economic and monetary rights, the moral rights do to personal rights of authors, which are the extension of his/her character and personality. The moral rights are again divided into two principal rights. One of them is the 'paternity right' by which the author can be identified on his/her works. The other is the 'integrity right' by which the author can protect his/her works from any derogatory treatment. Moral rights seem to be a trivial matter, but they have significant consequences on architectural practice. In this study, the 'integrity right' in architecture was analyzed in depth and world-wide judicial precedents regarding the right were investigated to suggest a desirable guideline for the Korean integrity right with particular reference to architecture. Finally, Australian integrity right was reviewed as a benchmark to suggest a desirable model for Korea.