TV 광고영상물의 저작권 귀속- 일본의‘TV CM원판’사건(知財高裁2012年(ネ) 第10008号) -

In general, TV CM is produced by advertisers, advertising agencies and advertising production company. In this way, various parties are contributing to complete cinematographic works, for all those reasons, the relation of right associated with cinematographic works is very complicated. Therefore Copyright Act is promoting the use of cinematographic works with the presumption of transfer in order that copyright attributes to the producer of cinematographic works. However, a cinematographic work is concerned with various parties as far as to complete, whereupon it is very difficult to designate who author of cinematographic works is or producer of cinematographic works is. In Copyright act, there’s no explicit regulation to define who author of cinematographic works is and have only an abstract regulation as regards the producer of cinematographic works. Ultimately, we cannot help taking only theory of interpretation to figure out producer of cinematographic works. This article makes an annotation vis a vis a judgment of Intellectual Property High Court of Japan concerning the copyright attribution of TV CM work. This judgment is the primary case in Japan that court judged the producer of TV CM work is the advertiser. And this paper also reviews conventional theory and precedents related to the copyright attribution of cinematographic works and analyzes criteria for judgment and method respecting the copyright attribution of TV CM work. This judgment of Intellectual Property High Court of Japan specifies the advertiser to the producer of cinematographic works after evaluating contribution rates by the ‘motion’ and ‘responsibility’ standard, in the entire process of producing TV CM. This criteria for judgment is quite appropriate as far as the acceptance of the producer of TV CM is concerned and have implications for theory of interpretation in Copyright Act in Korea.