X35. Subject of Copyright Act

 1. Subject of Copyright Act

A person who merely provides hints or themes, an assistant, or a person who only requests creation cannot be an author, but a person who creates a masterpiece can be an author. Here, a masterpiece is a work in which the name of another famous person is indicated as the author, and in the case of such a masterpiece, the person whose name is indicated as the author is presumed to be a work. However, the presumption can be overturned by disproving the fact that the person who wrote the masterpiece is the creator of the work.

For the above reasons, if A provides an idea for a novel to a friend and the friend completes the novel, A cannot be the author.

1) Decision of the Author

- Author: The person who created the work

- (1) The person whose real name or pseudonym as the author is widely known in the original or copy of the work is indicated in a general way, (2) In the case of public performance or public transmission of the work A person indicated as the real name of the author or a well-known pseudonym of the author is presumed to be the author.

- In the case of a work without an indication of the author, the person indicated as the publisher, performer, or publisher is presumed to have the copyright.

 

2) Co-authors

- Significance of co-authors: A work created jointly by two or more people, in which the contributions of each cannot be separated and used (the author for this: co-authors)

- Requirements: (1) 2 or more people Participation in this creation, (2) Existence of joint relationship in creation, (3) It is impossible to use each individual contribution separately

. Equivalent presumption in case of non-existence

- The exercise of author's property rights and author's moral rights is subject to the agreement of all authors (provided, each author cannot interfere with the establishment of an agreement against good faith)

- Authors of combined works: between authors in relation to the creation of the entire work whose joint relationship is not recognized and whose respective contributions can be used separately

Authors of works created by themselves in the course of business

- Works of foreigners are protected under treaties to which the Republic of Korea has joined or concluded.