한국영화의 저작권 연구

A Study of Copyright of Korean Films

On the statistic of Korea’s film industry in 2011, it shows that value-added market was shrunk is growing again and box office receipt also increased drastically, therefore, which was recorded an all time high at annual sales of Korean movie and attendance. It seems to be renew 2011's reach in 2012 as well. In this respect, it can be put the questions, and that is indeed divided up suitably increased sales to film production crew. According to the copyright law, author is a man of creating a work, who makes an acquisition author's moral right as a honored right of a work and author's property right which is right of property. Film is join works and derivative works, that is, joint authors are involved in film work due to the nature using original works such as scenario, props, sets, music and so on by screenwriter, movie director, director of photography, art director, and musical director. Also, film is cinematographic work which is applied by special provisions on the copyright law. Special provisions give convenience in order to making cinematographic work without an original author's permission, and arrange for regulations of that. Producer of cinematographic work is as a person who design and assume the responsibility of the whole working, and in case of absent special contract, it can be presumed author's property right of film as the final product is a film producer's hand. In practice, authors take all over author's property right of original work as well to film producer, and who co-owns author's property right remised with investment distributing agency. In addition to right of management a work is trend of monopolizing permanently by distributors. In other words, investment distributor derives benefit over half of profits as a co-working property right but distributing, marketing, administration, and sales-added commissions. Investment distributing agency get secured not only copyright from originator based on influence of sales but final say and editorial rights also on the process of film production, which is showing cut down risk but arouse conflicts among originators. And then, it is not desirable original author doesn't have get right of dividing earnings apart from the incentive on generating that. That is the point of needs partnership instead of unfair relation between capitalists and originators contributed film production. It should be improved by law revision and change of contracting custom concerning that transfer of authors's property right is abused excessively. In an instance of foreign country, fixed stake is offered by cost of transfer. Likewise, the group activity for original author should be animated and first of all, the realization about author who is in charge of creation ought to be changed because on account of none expectation of continuous production and development for Korean film but for protection of a original author's right.