디지털시대의 영상저작물과 저작권법의 대응 = Copyright law equivalent to audiovisual works in the digital era

다국어 초록 (Multilingual Abstract)

This article attempts to find a way to make better exploitation of audiovisual works in digital networks, while at the same time exploring the relationship between audiovisual owners’ rights and users’ rights. As audiovisual works are increasingly put into circulation on the Internet market, audiovisual owners are acutely aware of the problem of easy infringement and feel apprehensive about transmitting their works on the Internet. In order to accomplish the good exploitation of audiovisual works on the Internet, it is very important for the audiovisual industry to license the exploitation rights of an audiovisual work in order to recoup its financial investment through sequential distribution of them in primary and ancillary markets. Granting producers the right to distribute works on the Internet would facilitate the wider dissemination of audiovisual works. Producers wish to minimize their risks and protect their investments by ensuring that adequate channels of distribution are employed to meet audience demands. In order to achieve this, the audiovisual industry requires an easier means to administer the rights of audiovisual works. This can be accomplished by legislation at both international and domestic level assigning all the rights to one of the collaborators of the work. In this way, a producer may easily distribute the audiovisual work on the market without having to obtain permission from all the creative participants. This article examines how this can be achieved without prejudicing the rights of any of the essential elements in the audiovisual creation and production. For this, from the viewpoint of comparative legislations, this article investigates this process of clearing rights as the legal mechanism for “the exploitation of an audiovisual work”.