공동저작물을 둘러싼 법률관계

Unlike in the past, most copyrightable works are generally needed a largenumber of contributions from many people. As a result, there exist muchmore joint works than before. According to Korean Copyright law, there are three necessary conditions tobe admitted as a joint work. They are being created by plural persons,intention among(or between) joint authors, and non-detachability. Also thestatute adds some restrictions to using, licensing or selling joint work which issimilar to those of joint tenancy. But there is no regulation what is theessence of this kind of relations. Intention was the key condition just like the comment in the House Reportabout Copyright law Revision in 1976. On the other hand, non-detachabilitycondition is minor one which is just extracted from the superficial characterof joint works. So it seems reasonable that a joint work should be establishednot on the basis of non-detachability but the intention among(or between) jointauthors. Regarding the essence of the legal relations among(or between) co-ownersof copyright work, it would be better to separate them into co-ownerships byjoint authors and others. Co-ownerships by joint authors should be jointtenancy because there exist interchanged intentions. But co-ownerships byothers should be tenancy in common because they are lack of thoseintentions. In view of this, we need to consider that ‘co-owners of copyright’on the article 48-1 and 48-3 should be revised into ‘joint authors’.