건축저작물의 촬영 및 영리적 배포에 관련된 국내 저작권법 조항의 개선에 관한 연구

초록

Freedom of Panorama, originated from the German copyright law of Panoramafreiheit, is a provision that permits taking pictures or depicting images of buildings and sculptures which are permanently located in a public place without infringing any copyright that may subsist in such works. It limits the right of the copyright owner to take action for breach of copyright against the photographer or anyone distributing the resultant image. The extent of Freedom of Panorama varies from country to country. For instance, UK and its common wealth countries explicitly observe Freedom of Panorama, whereas France or Italy, does not have this permission for making images at public places at all and allows images of copyrighted works only under “incidental inclusion” clauses. In principle, Korea permits Freedom of Panorama with some restrictions. Notably, Korean Freedom of Panorama does not allow anyone but author distributing the resultant image on a commercial basis. Korean copyright law shares many features with Japanese copyright law and has very similar provisions to it with slight distinction that may differ widely in their interpretation. In this study, the issues of visual representation of buildings and distributing the resultant image are reviewed to suggest a better way to improve the current Korean copyright law which has significant ambiguity in its interpretation. In doing so,comparative analyses of worldwide standards and trends concerning Freedom of Panorama were made and the standpoints of developed countries were found.

키워드