실연자의 범위와 실연자의 인격권에 관한 고찰

A Study on the Scope of Performer and Performer s Moral Right

Our Copyright Act introduced performers moral rights (the integrity right, the paternity right) in 2006. The intent of this new legislation for performer s right (moral right) is that, despite the propose protecting the spiritual interest of a performer on prejudicial mutilation or distortion of performance of a performer according to the development of digital technology, a performer is a substantial creator rather than a simple communicator of a work. Therefore a performer enjoys his moral right: a performer has the integrity right to prohibit the third from mutilating and distorting his performance, and paternity right to sign his name, his name, and his professional name or not to sign his name. But our existing copyright law appears to have several problems in the article of a performer moral right. First, it is doubtful to be rational that the provision in Copyright Act that defines a movie director that acts an original work as a performer, a person who holds neighboring right. Second, is it valid that the special contract that a performer, an actor in a film sings the contract with a movie producer that won t exercise or waiver his integrity right. Third, it is also doubtful that our exiting copyright Act, Contrary to the moral right of the author after his death, doesn t confer the posthumous protection of moral right upon a performer. Is this valid? When we think of it, it is true that our copyright Act confers the performer the moral right to worldwide reach. On the other hand, the powerful protection of a performer moral right shall reduce the economical value of the performance. The legislation that is meeting the interest of both performer and user of performance is required.