저작권 양도등록의 법적 성격에 관한 연구 -서울고등법원 2008.7.8.선고 2007나80093판결을 중심으로-

This article is about to review the case held by Seoul high court 2008.7.8. decided 2007나80093. This case was about if there was a double transfer, how could we determine who was the owner of the copyright. Court stated Korean Copyright Act Art. 54 provides that Transfer by assignment of author's property rights may be registered and it shall not be effective against the third party without the registration, and the registration is not the condition for making right, but the condition for standing against the third party. Therefore, if a person assigned first(Assignee 1) did not register about transfer of copyright, Assignee 1 could not stand against person assigned after Assignee 1(Assignee 2), Assignee 2 would be the owner of the copyright in the internal relationship between Assignee 1 and Assignee 2. To review this case, I think the court has made a mistake to interpretate "shall not be effective against the third party". Korean Copyright Act take a position that it doesn't need to fulfill any procedures or formality to make or exercise copyrights, so Assignee 1 could get the copyright by agreement of transfer without registration. Korean Copyright Act rules that Assignee 1 can not "stand" against Assignee 2 without registration, it doesn't mean Assignee 1 can not "get" the copyright in any relationship. Therefore, I don't agree that court determined the ownership relating to whether it's internal relationship or external relationship. Ownership should be belonged to someone only assigns the copyright legally, and the ownership is a entirely different issue from standing against the third party.