건축저작물 보호 규정의 합리적 해석·운용방안 - 전시권, 파노라마의 자유 및 건축물 철거청구를 중심으로 -

There arises in practice a certain trend of strengthened protection of architectural works. Against this backdrop, this article examines the limits in protection of architectural works, with proper consideration of the nature of architectural works as functional works and the distinctiveness of exhibiting compared with other types of utilizing manners of copyright material when it comes to the architectural works. There are many provisions related to the protection of architectural works in the Copyright Act. Among others, covered in this article include the provision of limiting display right in relation to the ownership of the original copy, the freedom of panorama clause, as well as the provision in support of a civil claim to destroy a building. In relation to building ownership, examined herein are the interpretation of a building as an original copy of the architectural work, and how to coordinate the competing interests of a copyright holder and an owner of the building. Also reviewed are interpretation of the requirements of the freedom of panorama clause, such as “places open to public” with public interests in mind. The last part examined the issue of allowing destruction claims for a building as a civil remedy for display right infringement. It is reviewed the need for careful consideration of socio-economic aspects of architectural works in terms of buildings’ function and construction cost, as well as effectiveness of a destruction claim in preventing further infringement. It is emphasized that courts deciding on a destruction claim should carefully determine whether it is an abusive or excessive claim by weighing the interests involved. The courts should actively explore avenues for dispute resolution by means of other means than destroying a building through appropriate trial management. The problems with the Copyright Act provisions on architectural works may be solved legislatively, but they can be supplemented interpretatively by above-mentioned measures. The Copyright Act’s objectives of promoting creation and ensuring public’s use of works in architecture can be harmoniously achieved only when the protection of architectural works is properly balanced. With such consideration, provisions for copryight protection of architectural works should be reasonably interpreted and applied.