공동저작물의 성립요건과 그 권리행사의 방법

초록

In the Copyright Act, a joint work is defined as “a work that is created by two or more persons in which the contribution of each person can not be separately exploited” (Article 2, xxi). The requirements for the establishment of a joint work are broadly divided into two parts: “a work that is created by two or more persons” and “the contribution of each person can not be separately exploited.” The problem is the former, which requires that the work be jointly created, and the latter, which requires the separate unavailability of the contribution. The latter is also related to the distinction between the joint work and the combined work. In relation to the requirements for the establishment of such joint works, this paper first examines the provisions of copyright law from a comparative point of view, comparing with the foreign copyright law and grasping its characteristics.(II.) Secondly, this paper suggests my view by systematically analyzing and examining our precedents and theories surrounding the requirements for the establishment of joint works.(III.) In addition, this paper refers how to exercise the rights of joint works, which are equivalent to quasi-shares in the civil law. How to exercise the right to share tangible things such as real estate is a difficult problem. Moreover, since the object of rights is an intangible thing, not a tangible thing, it is more difficult to understand what kind of handling is desirable for a work that does not have physical exclusiveness. In this regard, the method of exercising rights of joint works (IV.) and the remedy of infringement of rights are examined.(V.)

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