영화 등에서의 음악저작물의 공연권 행사에 관한 연구

The Public Performance rights of Musical works featured in Motion pictures or Films - Supreme Court Decision 2014Da202110 Decided January 14, 2016 -

This study examined the possibility of the public performance rights of musical works featured in films under the current Copyright Act. This study checked the copyright act, the rule for collecting royalties, manuals for usage applications. then it analysed the Supreme court decision 2014Da202110 Decided January 14, 2016. Firstly it looks around the meaning of 「SPECIAL CASES CONCERNING CINEMATOGRAPHIC WORKS」 on art. 99 of the Copyright Act. Under this article, (1) If the holder of author’s property right permits another person to exploit his/her work by means of cinematization, such permission shall be presumed to include the following rights, unless otherwise expressly stipulated: 1. To dramatize a work for the production of a cinematographic work; 2. To publicly present a cinematographic work aiming at a public presentation. Korea Music Copyright Association (KOMCA) urged using musical works in the films is not 「cinematization of works under Art. 99」. But the court said it belongs to cinematization as there are no reasonable causes supported KOMCA’s opinion. Secondly the court analyses respectively two cases of cinematization of musical works: pre-existing musics and score musics. In the former case, it said the KOMCA could not perform his performance right to the users like producers or theaters if there is no special agreement. In the latter case, it decided the KOMCA could not confront the third party like film producer or theater before it registered its trusted musics. Therefore the KOMCA does not have right to the trusted musics without registration. Finally under the special rule for cinematization of works under art. 99(1), producer and theater get the permission to copy and performing right to musical works featured in films. But if there is an agreement of excluding the special rule, the KOMCA can perform it's performance right on using musical works featured in films. Whereas in the case of score musics, the KOMCA can perform it's performance right to the producers and theaters because the music creaters who join in the KOMCA should trust their musics soon after they create the musics, provided the KOMCA satisfies registration requirements under art. 54(1) of the Copyright Act.