영상저작물 특례규정과 보상청구권에 관한 소고

This paper definitively examines the issue of assignment of creators' rights and the resulting right to compensation in the context of the special provisions of copyright law for audiovisual works. Overseas legislation clearly states that when authors and neighbouring rights holders assign their copyright to video producers, they are entitled to compensation. This right to compensation is the price creators pay to lose their rights. It is not a right to demand additional compensation. Korea has introduced a presumption of transfer, but there is no corresponding right to compensation. This may lead to insufficient protection of copyright holders and must be addressed. In particular, as the secondary use of video works on platforms such as SNS is increasing, the presumption of transfer without the right to claim compensation related to video production is disrupting the proportional balance between producers and creators. In Korea, there are attempts to guarantee compensation to creators through special contracts, but this is insufficient. There is a need to introduce a right to compensation, and this paper sets out the issues of presumption of transfer and compensation, and examines the necessary improvements in Korea based on overseas legislative examples.