엔터테인먼트법에 대한 새로운 접근

New Approach to Entertainment Law: Understanding from the Perspective of its Subjects

Human beings, one of whose characteristics is “Homo Ludens, Man the Player , continue to seek amusements. As “play or “amusement becomes commodity and goods, related industry develops and many complicated legal problems arise therefrom. The purpose of this article is to review the relatively short history of development of entertainment law and to attempt a new approach to it, which will lead to clear understanding of the law. The established approaches have been roughly divided into those focused on entertainment industry and those focused on applicable legal issues. This article approached entertainment law in terms of legal relations among interested parties in the entertainment market, which are celebrities, the public and entertainment industry, which relations have been changing since the outset of entertainment law. The benefit of this approach is to understand the law much better through the historical review of the legal relations formed in the past as well, and to contribute to efficient resolution of entertainment disputes through delineating their scope and boundary. For this purpose, above all, in the review of objects regulated by the entertainment law, this article covered two existing trends of approach to entertainment law and proposed a new approach that entertainment law is about legal relations among the interested parties in the entertainment market. The new paradigm is supported by historical review of the entertainment law. Finally I reviewed the characteristics of entertainment disputes, which would prove ADR(Alternative Dispute Resolution) the best legal dispute resolution in the field of entertainment law. Despite of great demand of entertainment law among practitioners, no sufficient academic discussion of entertainment law has been made by scholars. It is submitted that it is enough to give rise to a chance of discussion of entertainment law and disputes through this article.