저작인격권에 대한 비교법 고찰

While studying background, characteristics – especially as one right of personality, concrete types of moral rights, this author has examined domestic and international copyright law of the moral rights in this article. In addition, this author has considered its possible role of moral rights in digital era. Moral rights have been estimated as the legacy of Civil Law countries. This viewpoint is assured by the fact that moral rights have had quite a broad protection in Civil Law jurisdictions. On the other hand, the non-economic rights have relatively been protected under the minimal criteria in Common Law countries. Probably this distinction has come from the fundamental differences of cultures and perspectives concerning the moral rights. Therefore, without having a mutual understanding to these different philosophies, two legal systems may be unable to achieve any agreement regarding these rights. Furthermore, it could be huge obstacles for international intellectual property harmonization. Considering the apprehension of Common Law countries as to the moral rights, their concerns might be that some Civil Law countries do not permit the waiver of the moral rights and therefore in cases the abuse of the moral rights may occur as well. In this respect, building reasonable guidelines, there should be protection of authors in the perspective, in which authors are as same as their created works. These guiding principles may be given by legislations – domestic and international levels, but accumulations of a number of judgments of courts might provide the concrete spheres of moral rights.