저작인격권의 특질에 관한 소고

A Study on the Characteristics of Moral Rights of Authors in Korean Copyright Act.

The Scope of Copyright in Korean Copyright Act is divided two branches ; one Moral Rights of Authors, the other the Exploitation Rights. The aim of Copyright System which shall protect the author with his respect to his intellectual and personal relationship with his work is attained to more intensive protection by the moral rights of authors. The Moral Rights of Authors consist of the Right to make public, the Right to indicate author s name and the Right to maintain identity of the content, form and title of his work. Korea protects Authors Moral Rights according to Berne Convention Article 6bis like Continental European Countries. Moral Rights of Authors may be transferred by inheritance, but they shall not otherwise be transferable and abandonable. The contemporary digital environment threaten the traditional Moral Rights of Authors. In the cyberspace man does not know who an author is, and can easily modify the identity of the copyrighted works. Only two decades ago, we could not foresee the digital creative environment. As the result of the speedy transformation of technology, collisions between the moral rights and creative methods are generated from all over the area of creation. So, we need to examine the creative environment and legal theories about copyright subject matter carefully.