SHERP

창작과 표절의 구별기준
Substantial Similarity Tests as Applied to Artistic and Functional Works

Cited 0 time in webofscience Cited 0 time in scopus
Authors
정상조
Issue Date
2003
Publisher
서울대학교 법학연구소
Citation
법학, Vol.44 No1 pp.107-140
Keywords
표절에 관한 도덕적 규범창작의 보호창작적 아이디어저작권법
Abstract
While imitation was respected for more than 500 years in the Chosun
Dynasty, creativity and originality is now of much more value than before as
Korea moves toward a knowledge-based society. In parallel with the increase
in the economic value of knowledge, demands for creative ideas and original
expression have grown up rapidly for the past few decades. Accordingly, an
increasing number of disputes have centered around the idea/expression
dichotomy and any similarity between a copyrighted work and allegedly
infringing work.
Supreme Court of Korea has shown its sconflicting views on idea/expression
dichotomy and originality criteria. For example, while it required a very low
level of originality with regard to a eye-test chart, it denied copyright
protection for a photograph made for a purpose of merchandise catalogue on
the grounds that originality or artistic elements in the photograph in question
was not enough for copyright protection. It is interesting to see whether these
apparently conflicting views of the Supreme Court might affect its decisions
on substantial similarity in cases of copyright infringement.
This paper then moves on to the main topic of the substantial similarity
test. Having found that there are relatively few decisions on the substantial
similarity, the author first tries and introduces to the paper a brief analysis of
various tests adopted by U.S. courts, which are found as unanimous in
distinguishing artistic works from functional works. In the field of artistic...
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/9145
Files in This Item:
Appears in Collections:
College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 44, Number 1/4 (2003)
  • mendeley

Items in S-Space are protected by copyright, with all rights reserved, unless otherwise indicated.

Browse