연극 연출가의 저작권법상 지위 - 안무가, 감독과 비교하여

According to the Republic of Korea Copyright Act of 1957, “dramatic works” include “choreographic works” (Article 4(1)) and “performers” include conductors, theater directors, and film directors (Article 2(4)). In 2005, the Supreme Court held that the director of the musical, Singin' in the Rain, was not entitled to a temporary restraining order against unlicensed appropriation of his directing in the musical. However, in 2012, the Seoul District Court and Seoul Appellate Court held that the choreographer of a dance musical called Shy Boy was an author. Both courts were of the opinion that even though dance steps are only building blocks, since the composition and arrangement of the dance steps are creative, the choreography is worthy of copyright protection. The theater society criticized the Supreme Court's ruling on the ground that their decision did not correspond to the realities of theater production. They argue that theater directors are deeply involved in the creative elements of production. If the theater director is a performer, there could be no authors for dramatic works. Logically, there cannot be an artistic work without an author. My conclusion is that theater directors should be acknowledged as authors considering their contributions during production, as they devise stage blocking, direct and oversee costume design, lighting, stage sets, music, and so on. Directors select all those elements, arrange, compose or combine them focusing on his or her artistic aim. Though each of the elements of a director's contribution may be classified as mere ideas, the selection and arrangement of each idea leads to creative expression that should be protected under the Copyright Act.