공연예술 분야 뮤지컬 저작물의 저작권 분쟁사례 분석

초록

In the musical industry, where the dependence on works and copyrights is extremely high, legal disputes due to contractual agreements frequently occur. Therefore, the purpose of this study is to derive factors of legal disputes through the generating structure of copyright in the musical industry and representative cases of performing arts and musicals. In order to achieve the purpose of the study, I derived factors of disputes in musical works based on the analysis results of representative cases of creative musicals and licensed musicals, which are typical production methods of musical works. According to the analysis results, musicals, which are combined works, must be contracted individually to protect each work and exercise each stable right. In addition, our courts use substantive similarity as a criterion for the objective requirement of copyright infringement of secondary works, which are independent works, and it is possible to confirm whether they are secondary works. This study was conducted to establish a basis for performance copyright, which lacks previous study, and to create evidence for the establishment of a fair market for performing arts by raising awareness of copyright law and establishing an environment for proper use of copyrights.

키워드