Earticle

초록

영어

The doctrine of moral right reflects the idea that author has spiritual(or personal) interests from his or her copyright work. An author may concern that his work should be recognized as his, and attributed to him by his name, then he wants to protect his works against harmful attributions or distortion. All of these personal interests are protected as 'droit moral'(moral right) in copyright laws. And the development of digital technology for the creation and reproduction of works opens a new copyright world which to present new creative possibilities as well as difficulties for authors. This article argues that the moral rights would be protected to keep authors' spiritual and economic interests altogether, and to hand down historical heritage for next generations, as well. This article is made up with five parts; Part I of this article introduces the legal definition, the historical development of moral right and the problem statement, Part Ⅱ discusses the legal theories of moral right in copyright laws. Part Ⅲ argues three mortal rights which stipulates in the Copyright Law of Korea; right of disclosure, right of attribution and right of integrity, Part Ⅳ examines that wether moral rights would be strengthened or be become weak, as it were. Lastly, this article concludes that moral rights can serve an important social function in emerging information economy, and can expand authors into continuing controls.

목차

I. 서언
 II. 저작인격권의 법적 성질
  1. 누구의 권리 인가
  2. 저작인격권과 일반적 인격권의 관계
  3. 일신전속권의 범위
 III. 현행 저작권법상 개별 저작인격권 검토
  1 . 공표권
  2. 성명표시권
  3. 동일성 유지권
 IV. 정보사회에서 저작인격 권의 보호 강화 여부 검토
  1 . 개설
  2. 저작인격권의 보호 강화 검토
  3. 정보의 자유로운 유통(이용)으로 완화된 저작언격권 보호
  4. 소결
 V . 결어
 참고문헌
 Abstract

키워드

저작권 저작인격권 공표권 성명표시권 동일성유지권 2차적 저작물 자연권설 copyright moral right droit moral right of disclosure right of attribution right of integrity derivative works natural right theory

저자

• 배대헌 [ Bae, Dae-Heon | 경북대학교 법대 교수 ]

참고문헌

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