영화음악 공연사용료 소송을 통해서 본 영화의 저작권법적 쟁점

• 영문명: Exceptional Clauses for Audiovisual Works in Copyright Law: On the case of KOCCA v. CGV
• 발행기관: 한국영화학회
• 저자명: 장서희
• 간행물 정보: 『영화연구』제59호, 283~308쪽, 전체 26쪽
• 주제분류: 예술체육 > 예술일반
• 파일형태: PDF
• 발행일자: 2014.03.31

영문 초록

On 23th May 2013, KOCCA lost a case against CGV claiming copyrightinfringement of film music. It is the first case about the performance rightof film music in Korea that would become the guideline on the royaltyfor performance right in film works. The appeal was rejected by SeoulHigh Court. The objective of this study is to understand exceptional clauses foraudiovisual works in copyright law and the performance right on filmworks through the case. Under Article 99 of Copyright Law, once a permission to use someworks for film making is made by a copyrighter, if there is no specialagreement between the parties, it is presumed that the film makers canuse them for making film and a public screening as well. So if KOCCA permitted film makers to use musical works for filmmaking with royalty, then film makers can reproduce them for film, andscreen the film. It is not an infringement of the performance right toscreen films with musical works in a movie theater. The decision of High Court can be summarized as follows:1. Musical works used in film as background music are also underArticle 99. and perform music works in the applicable way for films without extrapayment. 3. A music director of the film can permit a film maker to use originalscores whether he/she is a composer or not. 4. Any transfer of copyright ownership is not perfected against a thirdparty if it is not registered. And KOCCA cannot enforce the transferagainst film makers. Film makers need to have more interest in copyright and research oncopyright law, especially exceptional clauses for audiovisual works.

목차

1. 서론

2. 영화음악 공연사용료 분쟁 경위

3. 영상저작물에 관한 특례

4. 영화음악 공연이용료 소송에 대한 법원의 판단

5. 영화계의 공연사용료 분쟁 대응에 관한 제언

6. 결론

키워드

exception for audiovisual works film works musical work film music permission to use public screening performance right performance royalty