2차적저작물의 저작권 침해 사례를 중심으로 한 미술저작권 연구

Even though copyright coincides with creation of artwork, which certainly should be protected, violation and imitation without permission take place frequently with low awareness level about artists' own rights and others' legal rights. Unlike intellectual property rights, copyright does not require registration process and copyright generates at the time of creation, and thus, copyright can be powerful right for artists. Visual art field shows relatively passive movement than adjacent fields such as music or publication, which can be identified with few number of traceable precedent. For this reason, this study analyzed a case about copyright violation by derivative work, which is the most frequent violation of copyright in visual art area, based on examination about artists' extent of a copyright that can be exercised about their artwork. Furthermore, this study displayed the way to exercise of copyright, specific respects of certificate of contents and contract settlement, the means of relieving infringement. In detail, this study analyzes whether an infringer without permission from the owner of copyright has right of secondary copyright or not, and the legal relation between infringer and owner of orinal copyright. It is hoped that artists concretely recognize the copyright on their artworks and the awareness about art copyright in art market is developed through active exercising right in case of infringement of copyright.