프랑스 저작권 보호기간의 진화

The book-privilege in France dates back to the early 16th century, and a short period of protection, usually two to three years after granting the privilege, was given to the publisher or author. However, in the 17th century under Louis XIV, a system was established to strengthen publishing censorship, including the cooperation of the Paris publishers' and printers' guild. In this process, a small number of Parisian publishers will be given a monopoly and the protection period will be extended. This situation was not changed until the 1777 publishing decree. The regulation focuses on weakening the Paris publisher's monopoly and clearly securing the public domain. Since then, the period of copyright has been continuously expanded, thanks to the logic that permanent protection is required as private property. It evolved into five years(1791), ten years (1793), twenty years (1810), thirty years(1854), fifty years(1866), and seventy years(1997) after the author's death. In 1957, a permanent protection period for the moral rights was introduced. In particular, the 1866 Decree had a significant impact worldwide. Meanwhile, the rationale for setting the copyright protection period on the basis of the author's life in France can be found in the 1777 regulation, which stipulates that copyrights should be granted during the author's lifetime in order to improve the work continuously. This logic is not valid because the author's improvement of the work and the criteria for copyright protection do not directly correlate with each other. In addition, the logic used when the period of copyright protection was extended, that is, the argument that copyright is a private property and therefore needs to be protected permanently is also unreasonable. This approach does not take into account the difference between property rights to tangible goods and property rights to intangible goods. Looking at the history of duration of copyright in France, it is difficult to conclude that the duration of the copyright protection, which are widely accepted today, are reasonable and the only option. Therefore, it is necessary to seek a new direction of change through fundamental reflection on the current duration of copyright. First, the standard of term of copyright protection, centered on the author, is difficult to recognize the validity of the logic at the time of introduction, and this standard may undermine legal stability in that the protection period of each work is related to the author's life. It is also necessary to consider changing the standard of term of copyright protection from author's life to the time of creation or publication of the work. Second, it is necessary to review the excessively long protection period compared to industrial property rights such as patent rights.