영상 저작물상의 음악 저작권의 처리에 대한 법적 문제점 = Legal issues regarding right clearance on music used in motion picture works

다국어 초록 (Multilingual Abstract)

In Japan, right clearance on music used in motion picture works is different the process on Japan domestic music(Japan reported that work on the Japanese music copyright management organizations) and foreign musics(it was reported in the group as a foreign works). According to the example of Japan``s leading music rights management organization General corporation Japanese Society for Rights of Authors, Composers and Publishers(JASRAC), Japan domestic music is in principle sufficient to conduct the process according to the access rules of the JASRAC, except for some exceptions, is confirmed prior to the owner, such as the author is not necessary. On the other hand, In the case of foreign musics in Japan, Recording of the movie, (part of the basic fee) recording of the video are required as confirmation of the fee agreed in advance to owners such as authors (consent) and the so-called Theme music. Although the question about the clearance of foreign musics for Korea``s musical works, it seems like. Also, Although Disk, the use of a motion picture works recorded, broadcast and cable TV is not required for the permission of the owner, In case of movie and video, the consent of the performer and record producer is necessary. Further, If you are replicating a video using south korea’s musical works in Japan, the recording operation in Korea is necessary to note the clearance on the limits of the area or period. Eventually, If you use a foreign musics in motion picture works, there is a need for caution in the concrete response because there are various right clearance methods such as understanding of synchronization right, operational status of the country``s music copyright rights organizations, the rights agreement between the parties.

참고문헌 (Reference)

• 1 前田哲男他, "音楽ビジネスの著作権" 著作権情報センター,
• 2 "著作権法" 中山信弘,
• 3 内藤篤他, "映画・ゲームビジネスの著作権" 著作権情報センター,
• 4 "その他、本文及び脚注で引用したもの"