방송프로그램의 저작권 귀속에 대한 고찰

A Review on the Copyright Ownership for Broadcasting Program with an Emphasis on the Outsourced Production

The revision of broadcasting law in the year 2000 fixed the ratio of outsourced programs to promote independent producers. But, for 10 years, the program outsourcing policy has not been evaluated positively. One of the reasons for such a failure is that the copyright ownership of outsourced programs do not belong to outside productions but to broadcasting companies. In the initial stage, outside productions make a contract to transfer copyright ownership to broadcasting companies. This kind of contracts have been examined if they are unfair by precedent studies and FTC(Fair Trade Commission). But, from the beginning, it was not considered sufficiently who was the author or the producers of cinematographic works. So, this paper examines the copyright ownership of broadcasting programs, depending on creator doctrine, authorship of a work made by an employee and special provisions concerning cinematographic works. Generally, in Korea, broadcasting companies get involved deeply in producing outsourced programs. They support human resources, facilities or production cost, so sometimes this seems like a commissioned or mandated production. Especially when TV dramas are produced, broadcasting companies often supervise a producing process and besides a producer, a director and a DOP(director of photography) are practiced by employees of broadcasting companies. In this situation where the concept of outside production is not defined in the broadcasting law, we should not exclude the possibility of that a broadcasting company becomes an author of outsourced programs or a producer of cinematographic works. There is no global standards on the copyright ownership for broadcasting programs. So, it is expected that interdisciplinary research can suggest an alternative considering a stake of participants in cinematographic works such as an outside production, a broadcasting company and also performers.