영상저작물의 창작자에게 공정한 보상을 보장하는 방안에 관한 연구

초록

Recently, there is something pointed out as a problem in the Korean film industry. That is, so-called ‘modern authors’, film directors who are the creators of cinematographic works are not being properly remunerated. The Korean Copyright Act (hereinafter ‘KCA’) has special provisions concerning cinematographic works. Paragraph 1 of Article 100, one of the special provisions, stipulates that the rights necessary for the exploitation of cinematographic work shall be presumed to have been transferred to the producer of the cinematographic work unless otherwise expressly stipulated. That is, the creators of cinematographic works are presumed to transfer copyrights to the producers of such cinematographic works. So there are those who argue that this provision prevents the fair remuneration of film directors. The aforementioned special provisions of KCA are influenced by the German Copyright Act. French Copyright Act has provisions very similar to German Copyright Act regarding audiovisual works. On the other hand, in most cases, the Copyright Act of the United States regards producers of cinematographic works as authors of cinematographic works by applying the works made for hire doctrine to cinematographic works. The Japanese Copyright Act stipulates that, at the same time that a cinematographic work is created, the copyright is transferred to the producer of cinematographic work by law. The German and French Copyright Acts have provisions for presumed transfer of rights, along with provisions that guarantee fair remuneration to creators of cinematographic works, including film directors. In the United States and Japan, there is an open way for creators of cinematographic works, including film directors, to receive fair remuneration based on the collective agreements that were concluded as a result of collective bargaining between the Directors Guild and the Alliance of Motion Picture and Television Producers. Article 9 of KCA stipulates on the author of works made for hire, and this article also applies to cinematographic works. In this regard, as an interpretative viewpoint of the current law, it may be possible for us to refer to the cases of the United States and Japan to seek fair remuneration for creators of cinematographic works based on collective agreements. As a legislative viewpoint, it may be also possible for us to refer to the Germany and France Copyright Acts, which have special provisions concerning cinematographic works, and at the same time, have provisions on copyright contracts to guarantee fair remuneration to creators of works.

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