저작물 이용허락계약해석에 관한 비판적 고찰

A critical opinion on the interpretation of the contract of the authorization to exploit works in The Korean Copyright Act

This article is dedicated to reviewing the interpretation of the contract of authorization to exploit works in Korean copyright cases. It is stipulated in Article 46 Paragraph 1 in The Korean Copyright Act that the owner of author's property rights may grant another person authorization to exploit the work, and in Section 2 that the person who obtained such authorization pursuant to paragraph 1 shall be entitled to exploit the work in such a manner and within the limit of such conditions as authorized. I think that Paragraph 2 of Article 46 is the most important clause in the viewpoint of economic interest of the author, because the author has the right to his or her own works and can control the exploitation of works through the copyright contract. According to the text of Paragraph 2 of Article 46, it states 'in such a manner and within the limit of such conditions as authorized.' This expression has special meaning for the author's interest in disputed and doubtful cases on the interpretation of contract to exploit the copyrighted works. It is evaluated, in my opinion, that The Korean Court has interpretated the contract of exploitation of copyrighted works in the same manner as it does with general contract of real estate or movable assets.