독일 저작권법의 추가보상청구권 제도에 관한 소고 – 최근 판례를 중심으로 –

Historically, many creators have failed to receive fair compensation for their works, even when those works achieved unexpected and tremendous success. For example, the creators of the Superman comic sold their rights for a mere $130, while the writer of the original song “In the Jungle”, later adapted into the musical The Lion King, earned only 10 shillings. Copyright agreements may appear fair at the time of signing but often become unfair over time. This is due to the inherent imbalance in bargaining power-creators, especially new ones, often lack negotiation experience and legal knowledge, while distributors are professionals with extensive experience in drafting and executing such contracts. Moreover, creators are highly dependent on distributors for market access, whereas distributors can operate successfully without relying on any particular creator, further skewing the power dynamics. This issue is exacerbated by the unpredictability of market success and technological advancements. While some works fail despite high expectations, others become unexpectedly popular. Additionally, with the evolution of information and communication technologies, new media and distribution methods emerge, often not accounted for in original contracts. In such cases, creators may seek additional compensation, whereas distributors argue that the new usage rights were already included in the original agreement, leading to disputes. This problem is evident in South Korea as well. Cases such as “Cloud Bread” and “Black Rubber Shoes” highlight how creators have been excluded from the financial success of their works. A particularly striking example is the global phenomenon “Squid Game”, which generated an estimated $900 million (approximately 1.08 trillion KRW) in value for Netflix, while its creators received only the originally agreed $21 million (253 billion KRW) in production costs, with no additional compensation. This controversy led to the South Korean National Assembly (21st term) introducing six legislative proposals aimed at addressing the issue, though they were all ultimately discarded. To address such concerns, different countries have adopted two major legal approaches: the right to additional compensation, found in civil law countries such as France and Germany, and the termination right, which allows creators to reclaim rights after a certain period, as seen in the U.S. and Canada. Germany introduced the right to additional compensation in its 2002 copyright law reform, intended to improve upon the “bestseller clause” from its 1965 copyright law. However, in practice, it remains difficult to enforce. Many existing studies have only introduced this law without deeply analyzing its background, legislative process, or real-world application. This study aims to examine the German system in greater depth, analyze recent case studies, identify its challenges, and explore the insights it offers for establishing a fair compensation framework for creators in South Korea. However, as is always the case with legal transplantation, a simple copying of a single statutory provision without a proper understanding of the foreign legislative history can have more negative consequences. It is important to understand the full context of the foreign legislation you are referencing, especially since specialized laws in certain areas, such as copyright law, do not stand alone.