Earticle

초록

영어

As described in the article 202 of U.S. Copyright Act, the ownership of a copyright, or of any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied. Transfer of ownership of any material object, including the copy or phonorecord in which the work is first fixed, does not of itself convey any rights in the copyrighted work embodied in the object; nor, in the absence of an agreement, does transfer of ownership of a copyright or of any exclusive rights under a copyright convey property rights in any material object. But when we use or enjoy the any material object in which the work is embodied, there is a conflict between the ownership of copyright(hereinafter 'copyright') and the ownership of material object(hereinafter 'ownership'). Copyright is a exclusive right, So is ownership. The extreme protection of one right makes the other useless. So there must be the harmonization. The one of systems to harmonize between two rights is the first sale doctrine. But there are many others. For example, we recognize the Right of Integrity for the benefit of the author, but in owner's behalf the author shall not object to the extension, rebuilding, or other form of alteration of architecture. Even though we adopt the first sale doctrine, on the other hand, we recognize the Right of Rental for the benefit of the author: the right to rent a commercial phonogram or commercial program for profit-making purposes. So this paper research some aspects of the conflict and harmonization between the ownership and the copyright : ① the playing of commercial phonograms before public, ② the exhibition or reproduction of works of art,③ the alteration and destruction of the copy of the work and the moral right, ④ the author's right of access to the copy of work, and the right to require that a copy of work be lent for exhibition, ⑤ the first sale doctrine and its exception, ⑥ the abandonment of the material object and the right to disclose. As a conclusion this paper proposes some ways to balance between copyright and ownership.

목차

Ⅰ. 서언
 Ⅱ. 저작물의 창작과 유체물의 소유자
  1. 로마법에서의 논의
  2. 현행법하에서의 논의
 Ⅲ. 소유물의 이용ㆍ변경과 저작권
  1. 음반의 이용과 공연권
  2. 소유자의 미술품의 이용과 전시권
  3. 미술작품 등의 복원ㆍ변경과 저작권
  4. 사적 영역에서의 저작물의 변경과 동일성유지권
 Ⅳ. 저작물의 이용과 소유권
 Ⅴ. 소유물의 처분과 저작권
  1. 소유물의 양도와 권리소진(최초판매의 원칙)
  2. 소유권의 포기와 공표권
  3. 소유물의 파괴와 저작권
 Ⅵ. 맺음말
 참고문헌
 

키워드

저작권 소유권 최초판매의 원칙 권리소진 추구권 저작인격권 파괴로부터 보호받을 수 있는 권리 Copyright ownership of material object first sale doctrine right exhaustion resale right moral right right to be protected against destruction

저자

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

참고문헌

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