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

DC Field Value Language
dc.identifier.citation법학, Vol.44 No.1, pp. 107-140-
dc.description.abstractWhile 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...
dc.publisher서울대학교 법학연구소-
dc.subject표절에 관한 도덕적 규범-
dc.subject창작의 보호-
dc.subject창작적 아이디어-
dc.title창작과 표절의 구별기준-
dc.title.alternativeSubstantial Similarity Tests as Applied to Artistic and Functional Works-
dc.typeSNU Journal-
dc.contributor.AlternativeAuthorJeong, Sang Jo-
Appears in Collections:
College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 44, Number 1/4 (2003)
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