이차적저작물과 원저작물의 시장관계에 관한 연구 - 경쟁 또는 보완관계를 중심으로 -

A derivative work refers to the work which is, in different genres, created based on an original work or original works by means of translation, arrangement, alteration, dramatization, cinematization and so on, and is in close relationship with its original work or works as well as is dependant, apart from its original work or works. In some aspects, a derivative work can be compared with compilation works, joint works, independent works, parody and copy, but the critical nature of a derivative work is distinguished from those of compilation works, joint works, independent works, parody and copy. Even though a derivative work and its original work usually belong to different markets, the derivative work can impede the original work’s position in the related market sometimes. However, a derivative work may be a complement for the original work, and furthermore, according to the points of view and the appreciator’s situation such as appreciator’s artistic level, time and money, ultimately a derivative work is considered a marketing complement for its original work or works and for other peer derivative works based on the same original work or works rather than a marketing substitute.