영화감독의 보상청구권에 관한 법적 연구 - ｢저작권법｣ 일부개정안 마련을 중심으로 - = Legal Study on Film Directors' Right to claim re-screening distribution - Focusing on the Partial Amendment to 「The Copyright Act」 -

다국어 초록 (Multilingual Abstract)

The amendment bill to 「The Copyright Act」 proposed by Reps. Yoo Jeong-ju, Seong Il-jong, and Lee Yong-ho in the 21st National Assembly was a significant amendment bill regarding the special provisions for video works as an exception to the principle of creator-centeredness.
However, unfortunately, the amendment bill to 「The Copyright Act」 was scrapped due to the expiration of the 21st National Assembly term without sufficient discussion. It is quite unfortunate that the amendment bill to 「The Copyright Act」 has not been proposed again even though the 22nd National Assembly is approaching its first year.
Therefore, this paper examines the legal basis for claiming fair right to claim re0screening distribution for film creators in the amendment bill to 「The Copyright Ac」t from the issue raised.
First, the concept and necessity of the right to claim compensation, second, the necessity of confirming the status of film directors as creators, and third, the necessity of legislating the right to claim fair compensation, thereby explaining the current insufficient compensation situation for film creators.
Therefore, as an improvement measure, the partial revision of 「The Copyright Act」, proposed by Representative Seong Il-jong among the legislative bills of the 21st National Assembly, was considered a desirable legislative bill and the reasons for this were presented. In other words, it was explained that the principle should be to establish the right to claim compensation for film creators, but the legislative method should be proportional compensation, which is due to the differences in the film creation environments of the US and the EU.
In order for diverse and artistic works of film creators to be continuously and systematically released to the world and for film creators to be able to devote themselves to their jobs as a profession, a legal basis for proportional compensation as a residual right, rather than remuneration, a special form of success fee, should be provided to all film creators.
To this end, we expect a re-discussion in the 22nd National Assembly as soon as possible, and we hope that our society will move one step further toward becoming a more integrated society where the legal compensation system in the film industry can be paid to domestic and international film creators in a reciprocal manner, as much as the maturity of K-culture.