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A Study on the Concept of the term “Author” under the Copyright Act
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저작자 개념에 관한 소고

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Type
Academic journal
Author
Shin JaeHo (경상대학교)
Journal
Korea Intellectual Property Society ; KIPS 산업재산권 산업재산권 제61호 KCI Accredited Journals
Published
2019.1
Pages
209 - 248 (40page)

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A Study on the Concept of the term “Author” under the Copyright Act
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The concept of the term “author” along with that of “work,” is the most fundamental in copyright. Korea's Copyright Act, Section 2 (Item 2) defines “author” as “a person who creates a work.” While there are many discussions on the concept of “work” and “creativity,” the concept of “author” is examined only in the process of discussing the author of the joint authorship work or the employee’s work. Recently, there were a series of incidents that confuses the concept of author, such as “author of AI work,” so-called “Cover-Change Case,” and “Cho Young-Nam’s Ghost Painter Case.” These incidents raised fundamental questions regarding the concept of “author” : “Who is the author?” “What is the role of an author?” and “Is the definition of ‘author’ the same with the most known meaning in society?” This study critically examines the concept of “author” through practical issues related to authors, after observing the definition of “author” and the treatment of authors in terms of the Copyright Act.
#저작자 #저작자 결정 #창작적 기여 #표지갈이 사건 #대작 #공동저작물 #업무상저작물

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