저작물 개념에 관한 소고

Abstract

The conceptual definition of ‘work’ is the most difficult as well as the most important. In the existing Copyright Act, the ‘work’ is defined as a creative work that expresses human thoughts and emotions. The term ‘works of applied art’ means the artistic works that may be copied on the goods in the same shapes, and whose originality may be recognized apart from the relevant applied goods, and that include designs, etc. It is very difficult and risky to determine non-copyrightability of intellectual products because the creativity is not a digital issue but an analogue issue. On the other hand, ‘reproduction’ means to execute construction works in accordance with the models or plans for the relevant construction works in cases of architectural structures. In order to expand the concept of work without imposing limitation on the fields, we need to reestablish the legal basis of requirements demanded for ‘works of applied art.’ Also, the close review is required especially on the basic terms in copyright law such as the term ‘reproduction.’