창작자주의의 변용과 직무저작제도에서의 권리귀속 문제

The modification of creator doctrine and ownership of right in the work made for hire system

Copyright Law makes a declaration of Creator doctrine in article 2 and article 10. But there is one exception to this doctrine. It is work made for hire system. It seems to me that we received it from the United States of America which has Anglo-American law system. However South Korea has copyright law of the Continental law system as Japan. In spite of the Harmonization in the world, I think it is impertinent. Especially, I regard it as appropriate that we adopt the divided ownership approach of English method or the divided ownership of Japanese method in the maker of a cinematographic work, not the divided ownership approach of German method(split right approach) or the ownership approach of American method(all or nothing approach).