영화음악 공연사용료 소송을 통해서 본 영화의 저작권법적 쟁점－영상저작물에 관한 특례를 중심으로－ (Exceptional Clauses for Audiovisual Works in Copyright Law －On the case of KOCCA v. CGV)

서지정보

· 발행기관 : 한국영화학회
· 수록지 정보 : 영화연구 / 59호 / 283 ~ 308페이지
· 저자명 : 장서희

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.

영어초록

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.

참고자료

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