| Abstract |
| Copyright means exclusive right given to copyright holder so as to protect works which are expressed creatively through the human`s thought or emotion. The purpose of work protection is ultimately social contribution by protection and application of creative work through the protection of copyright holder.
Photographic works are also protected by author`s moral right and author`s property right like other works. There are several fields such as pureness, fashion, advertisement, coverage, portrait, etc. in photos and each association is seeking several measures for the protection of copyright through the voluntary research and public hearing. But, coverage photo, fashion, portrait, etc. show more complicated aspect by combining the problem of portrait rights unlike general photos. Fashion photos show relatively less possibilities of portrait right problem by the previous contract with models, but coverage photos are shot for unspecific majority. So, there are more frequent conflicts. However, there isn`t a big proportion as much as the range of law for non-entrusted photography is regulated by civil law because of the social atmosphere respecting people`s right to know rather than portrait rights generally for the coverage photographies.
However, in general studios shooting portraits, portraits by entrustment are mainly shot and portraits by entrustment are applied by copyright law which is applied by civil law and criminal law, so it has strict limitations for portrait rights` violation. For portraits shot in general studio, the court made a judgement that they cannot be considered as works because they have practical photos. (Kwon Taeksoo, 2001)In other words, they are photographies same as reproductive shooting, so cannot be considered as results by photographer`s intellectual activity. For portraits which cannot be recognized as works, photographer cannot be obtain any right, but must assume criminal responsibilities for portrait rights. In conclusion, the judgement reduces photographer`s desire to create and makes a bad effect on the development of portraits. And, photographer can neglect the management of files.
As the purpose of photo invention was portraits, they are certainly the most important part for photographers and important sector for exploring human. In the era of digital, development of internet, duplicating technology and communication deepens conflicts for photo`s duplication and portrait rights.
This thesis suggests the necessity of rational guideline so as to conflicts between for portrait`s creative development and social contribution. |
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| Key Words |
| 저작권, 사진저작물, 초상권, Copyright, photographic work, portrait rights |
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