Earticle

초록

영어

Munhwa Broadcasting Corporation (MBC) produced and broadcasted a total of 62 episodes drama called "Queen Seondeok" twice a week from May 2009 to December 2010. The drama was very popular and recorded the highest audience rating of 43.6%. In January 2010, the plaintiff A, a writer of musical script "Queen of Mugunghwa" with the main character of Queen Seondeok, claimed the plagiarism of his work by the subject drama and lodged the litigation seeking a recovery of damages due to the copyright infringement committed by MBC and the dramatists B, C at the Seoul Southern District Court. The issue of current case is as follows: Firstly, it is the issue of copyright infringement whether the dramatists B and C copied the script of the plaintiff A when they wrote the drama script (issue of actual copying) and whether the drama "Queen Seondeok" and the musical script "Queen of Mugunghwa" are substantially similar (issue of substantial similarity). Secondly, it is the issue of general unlawful acts whether the use of core components of script of the plaintiff without the consent of plaintiff amounts to a breach of contract or an illegal act. The first instance, case no. 2010KAHAP1884 at the Seoul Southern District Court denied both the copyright infringement and use of idea without the consent (decision delivered on 2 Feb 2012). However, in contrast to the decision of the first instance, the appeal, case no. 2012NA7150 at the Seoul High Court acknowledged the liability for both copyright infringement and general unlawful acts. The current thesis reviewed the legal principles of the subject case, and the validity and problem of applying the legal principles into the actual cases.

목차

I. 들어가며
 II. 줄거리의 개요
  1. 원고 대본의 줄거리
  2. 피고 드라마의 줄거리
 III. 주관적 요건(의거성)과 관련하여
  1. 의거성의 판단 기준
  2. 접근가능성 - ‘접근’(access)의 의미
  3. 유사성
 IV. 객관적 요건과 관련하여
  1. 실질적 유사성의 판단기준
  2. 포괄적ㆍ비문언적 유사성의 유무
  3. 소결
 V. 일반 불법행위의 성립 여부
 VI. 결론
 참고문헌
 

키워드

저작권침해 극적 저작물 실질적 유사성 본질적 특징의 감득성 아이디어의 도용 접근(access) copyright infringement dramatic works substantial similarity misappropriation of idea access

저자

• 오승종 [ Oh, Seung Jong | 홍익대학교 법과대학 교수 ]

참고문헌

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간행물