Earticle

초록

영어

A parody, in contemporary usage, is a work created to mock, comment on,or poke fun at an original work, its subject, author, style, or some other target, by means of humorous, satiric or ironic imitation. Parody gives us a new way to look at the original work and the world. We look at the many parodies in every day life. But there contains many copyright issues. Especially in Korean Copyright system there is no express exception for parody like French, Spanish, Belgian Law, and no general fair use clause like U.S. copyright law. This gives us many troubles to accept the parody within copyright system and to make it a legitimate work. And there are economic rights and moral rights in the Korean copyright system, so-called dual system unlike german copyright system. This also gives us trouble. In Korea many scholars consider that parody is a derivative work. But some consider it as a independent work, even though depending on the underlying work. This paper researches some copyright cases: Walt Disney Productions v. Air Pirates case, Campbell v. Acuff-Rose Music, Inc. case, Suntrust Bank v. Houghton Miffin Co. case, ‘Alcolix’ case, Photo-montage distortion case,etc. Until now in Korea we can manage the parody copyright isssue with the application of the citation clause(§28: It shall be permissible to make quotations from a work already being made public provided that they are within a reasonable limit for news reporting, criticism, education and research, etc. and compatible with fair practice). In a sense it has the same effect as the fair use clause of U.S.A. But it has a limitation. It restricts only the economic right and can't solve the moral right issue. And when cited the other's work, we must indicate the part of quotation. In parody it's nearly impossible to indicate the part of quotation. So this paper proposes that as a general clause we introduce the fair use clause into Copyright Act and the amendment of the Article 5 of Copyright Act. That's as follows: The parodic work is not regarded as the derivative work. The reason is as follows : A parody is almost always quasi-revolutionary in concept. So in the view of such a parodic nature, we regard the parodic work as a independent work even though parodist use the underlying work.

목차

Ⅰ. 서설
  1. 의의
  2. 패러디의 종류
  3. 저작권침해 예외로서 패러디를 인정하려는 이유
  4. 패러디에 관한 각국의 태도
  5. 본고의 내용
 Ⅱ. 패러디 事件의 例
  1. 우리나라 사례
  2. 미국 사례
  3. 독일 사례
  4. 일본 사례
 Ⅲ. 패러디와 저작권
  1. 적법한 패러디로 인정되기 위한 요건
  2. 2차적 저작물인지 여부
 Ⅳ. 맺음말
 참고문헌
 

키워드

패러디 직접패러디 매개패러디 공정사용 저작인격권 2차적 저작물 인용 프리티 우먼 사건 parody direct parody vehicle parody fair use moral right derivative work quotation. Campbell v. Acuff-Rose Music Inc.

저자

• 이상정 [ Lee, Sang-Jeong | 경희대학교 법학전문대학원 교수 ]

참고문헌

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