중국 영상저작물의 저작권 귀속에 관한 검토

In the field of cinematographic composition, the exchange between Korea and China has changed. In the past, Korea and China simply exported to each other's market in the form of finished works, but recently, the two countries' manpower and capital enter the other's market and make cinematographic works there. In case the Korean workforce and capital enter the Chinese market and produce cinematographic works, the issue of copyrights related to the cinematographic production can arise. Thus, this article examines the copyright attribution related to the cinematographic works produced in China. This article examines the significance of cinematographic works, the copyright attribution system of cinematographic works under Copyright Law of the People’s Republic of China(heafter "China's Copyright Law"), reviews the draft revision of China's Copyright Law and finally suggests some ways to improve the Chinese legal system. In relation to the copyright attribution of cinematographic works, China's Copyright law is different from Korea Copyright Act in that it takes author-centeredism and that all authoring rights and moral rights related to cinematographic works are attributed to cinematographic producers, while Korea Copyright Act does not prescribe whether a cinematographic producer can have a primitive position as a creator of a cinematographic work. Since there is a strong administrative involvement in the production of cinematographic works, it seems to be important that Korean or foreign cinematographic producers are recognized as investors in cinematographic works in order to secure copyrights for cinematographic works produced in China. In addition, this article suggests some amendments to the China's Copyright Act, examining the Chinese legal provisions related to copyright ownership of cinematographic works. As the number of cinematographic works created under individual initiative is increasing due to the development of science and technology and the spread of visual culture, it is suggested that the scope of the film-maker should include the natural person along with the legal entity. In addition, it proposes that strengthened copyright registration of cinematographic works and protection of moral rights of authors of cinematographic works.