저작자보호의 관점에서 본 앤 여왕 저작권법(Statute of Anne) (Statute of Anne in the View of Author Protection)

서지정보

· 발행기관 : 경북대학교 IT와 법연구소
· 수록지 정보 : IT와 법연구 / 9호 / 59 ~ 94페이지
· 저자명 : 배대헌

초록

Statute of Anne has been recognized the first copyright act, and a model statute on the right of author in terms of legislative history. While the Statute of Anne(hereinafter ‘the Statute’) has been regarded as the provisions which to keep the right of author, it was a kind of anti-trust law to regulate the monopolistic profit of the bookseller cartel, otherwise it was a law for the educational improvement of people according to the name of ‘Act for Encouragement of Learning’.
Based on legal reasoning, the fact that the Statute was the first copyright act is controversial. There wasn’t any term of ‘copyright’, and also there was no provision for creativity, and for copyrightable subject-matter. The Statute was not for author, but for publisher(or copyright holder) and bookseller. The right that was the exclusive property of author’s manuscript has been transferred to them. Even established the statutory right for author by the Statute, it was ambiguous to keep the legal status of author.
Until Donaldson v. Beckett(1774) which has ceased from the battle between the statutory right from the Statute and the perpetual right of common law, it was complicate to find the real meaning of copyright act in England. It meant there was not any author’s right for creativity(plus authorship). To say simple, the concept of Romantic authorship has played an important role in laying the foundation of modern copyright laws after second half of 19th century.
In light of the author-centered framework of modern copyright act, the existing Korean Copyright Act has some troublesome issues, which are the disregard of author’s right and not-fostering creativity. Even over three hundred difference between the Statute and the existing Copyright Act, it is not surprising matter that there are some problems with respect to author’s legal status. That is to say, a metaphor is ‘the death of author and the rise of irrational business’.

영어초록

Statute of Anne has been recognized the first copyright act, and a model statute on the right of author in terms of legislative history. While the Statute of Anne(hereinafter ‘the Statute’) has been regarded as the provisions which to keep the right of author, it was a kind of anti-trust law to regulate the monopolistic profit of the bookseller cartel, otherwise it was a law for the educational improvement of people according to the name of ‘Act for Encouragement of Learning’.
Based on legal reasoning, the fact that the Statute was the first copyright act is controversial. There wasn’t any term of ‘copyright’, and also there was no provision for creativity, and for copyrightable subject-matter. The Statute was not for author, but for publisher(or copyright holder) and bookseller. The right that was the exclusive property of author’s manuscript has been transferred to them. Even established the statutory right for author by the Statute, it was ambiguous to keep the legal status of author.
Until Donaldson v. Beckett(1774) which has ceased from the battle between the statutory right from the Statute and the perpetual right of common law, it was complicate to find the real meaning of copyright act in England. It meant there was not any author’s right for creativity(plus authorship). To say simple, the concept of Romantic authorship has played an important role in laying the foundation of modern copyright laws after second half of 19th century.
In light of the author-centered framework of modern copyright act, the existing Korean Copyright Act has some troublesome issues, which are the disregard of author’s right and not-fostering creativity. Even over three hundred difference between the Statute and the existing Copyright Act, it is not surprising matter that there are some problems with respect to author’s legal status. That is to say, a metaphor is ‘the death of author and the rise of irrational business’.

참고자료

· 없음