현대미술의 저작권 보호가능성에 관한 연구

Conceptual works of art, where it is difficult to find expressive elements in the appearance of the work, or where the elements that make up the appearance of the work are directly derived from the idea of the work, making it difficult to distinguish the boundary between idea and expression, are hard to be protected by copyright law because the ideas, emotions, concepts that the artist wants to convey to the audience through the work are closely related to the factors that make up the originality of the work, such as the process of making the work and the way the work is presented to the audience, while the appearance of the work rarely has creative element. This conflict between copyright law and contemporary art is due to the fact that copyright law is based on modern aesthetics, which considers artworks in terms of content, and form. Contemporary art, on the other hand, has as its core ethos the subversion and deconstruction of existing values, and considers the distinction between content and form to be arbitrary. Nevertheless, what remains a valid definition of art is that it embodies meaning. Contemporary art has many different forms, but the essence of an artist creating a work to embody some meaning has not changed, so contemporary artworks can still be protected by copyright law. Unlike in the past, when the focus was on the uniqueness of the technique and not the subject matter, conceptual artworks do not exist as a single piece presented to the viewer, but rather as a continuous process of conception, production, and display. In this case, conceptual elements such as the context in which the artwork was created, how it was made, where it was installed, and how it is displayed play a crucial role in its identity, and the creative personality of the artist can be found in the selection, coordination, and arrangement of elements to realize the idea and its concrete realization. According to our Supreme Court's rulings on broadcast formats, games, and interactive exhibits, where the boundary between idea and expression is unclear, even if each individual component of the work cannot be recognized as copyrightable expression, the elaborate coordination of the individual components selected and arranged to realize the author's intent can be protected by copyright. In the case of conceptual art, the artist's thoughts, feelings, concepts inherent in the work, which are organically combined with the specific expression of the work, that should be considered as the expression that is protected by copyright law.