편집저작물의 특수성에 관한 고찰 - 창작성과 보호범위를 중심으로 -

A compilation work is a type of copyrighted works as an independent work, however, it has some characteristics considerably distinguished from other general copyrighted works when it comes to the creativity requirements and the scope of protection. In general copyrighted works, the creativity of the selection and the arrangement of materials are integrated into the creativity of a copyrighted work as a whole, but in compilation works the selection and the arrangement of materials have their own independence and the creativity, and that becomes the core requisite for the establishment of compilation works. In this regard, compilation works are distinguished from general copyrighted works. Furthermore, such difference between compilation works and general copyrighted works associated with a creativity brings a distinction in terms of the scope of protection. Thus the arguments and the theories already established so far do not practically fit into compilation works. Nevertheless, it seems that the theories established on general copyright works have been also applied to compilation works without careful consideration. With respect to compilation works, it is needed to establish a different theory, according to the distinctiveness of compilation works. In this paper, the problems will be discussed in consideration of the distinctiveness of compilation works differing from general copyrighted works by focusing on thecreativity and the scope of the protection.