저작권법 연구자가 본 대작 사기 사건-대법원 2020. 6. 25. 선고 2018도13696 판결을 소재로-

In this paper, the content of criminal cases related to paintings by famous pop artists is viewed anew from the perspective of copyright law researchers. The prosecution’s indictment was based solely on fraud, and it did not take place regarding the violation of copyright law. In this paper, I intended to present opinions on the point of violation of the Copyright Act and on creativity as a requirement for the establishment of works subject to copyright. The reason is that the nature of this case is whether it is a violation of copyright law, because no legal judgment has been made about it at all. It is regrettable that there was no opportunity for the court to judge in accordance with the principle of Nemo judex sine actore(kein Richter ohen Kläger). First of all, I explained that the concept of creativity presupposes specific creative acts and that the existence of creative contributions should be examined. It was also intended to state that it was not within the scope of copyright law protection, such as ideas such as theory, thought, trend of literature, or provision of related materials. I explained that a ghostwriter is also a violation of creative ethics that is likely to be socially criticized on a lofty plane and a violation of the penal provisions of our copyright law. Finally, I presented my opinion on what the role of lawyers and law enforcement should be in such fields as art, creation, and literature.