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저작권법강의 / 제2판

저작권법강의 / 제2판 (Loan 6 times)

Material type
단행본
Personal Author
송영식 宋永植 이상정 李相珵, 저
Title Statement
저작권법강의 / 송영식, 이상정 공저
판사항
제2판
Publication, Distribution, etc
서울 :   세창출판사,   2017  
Physical Medium
x, 422 p. : 삽화 ; 26 cm
ISBN
9788984116634
General Note
부록: 저작권법  
색인수록  
000 00000cam c2200205 c 4500
001 000045945487
005 20180628170645
007 ta
008 180628s2017 ulka 001c kor
020 ▼a 9788984116634 ▼g 93360
035 ▼a (KERIS)BIB000014461501
040 ▼a 211046 ▼c 211046 ▼d 211009
082 0 4 ▼a 346.5190482 ▼2 23
085 ▼a 346.530482 ▼2 DDCK
090 ▼a 346.530482 ▼b 2017z5
100 1 ▼a 송영식 ▼g 宋永植 ▼0 AUTH(211009)18763
245 1 0 ▼a 저작권법강의 / ▼d 송영식, ▼e 이상정 공저
250 ▼a 제2판
260 ▼a 서울 : ▼b 세창출판사, ▼c 2017
300 ▼a x, 422 p. : ▼b 삽화 ; ▼c 26 cm
500 ▼a 부록: 저작권법
500 ▼a 색인수록
700 1 ▼a 이상정 ▼g 李相珵, ▼e▼0 AUTH(211009)113383
945 ▼a KLPA

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Books/B1)/ Call Number 346.530482 2017z5 Accession No. 111793216 Availability Available Due Date Make a Reservation Service B M

Contents information

Book Introduction

사람이 자신의 사상이나 감정을 표현한 것을 저작물이라고 하며, 이러한 사상이나 감정을 외부에 표현한 자를 저작자라고 한다. 이러한 저작자를 보호하는 법이 저작권법이며, 저작권법에 의해 저작자에게 주어지는 권리가 저작권이다.

사람이 자신의 사상이나 감정을 표현한 것을 저작물이라고 하며, 이러한 사상이나 감정을 외부에 표현한 자를 저작자라고 한다. 이러한 저작자를 보호하는 법이 저작권법이며, 저작권법에 의해 저작자에게 주어지는 권리가 저작권이다. 저작권에는 두 가지가 있다. 하나는 자기가 창작한 저작물을 이용하여 경제적 이득을 얻을 수 있는 권리이다. 보통은 제3자에게 이용을 허락하고 허락의 대가를 취득한다. 또 하나의 권리는 저작인격권이다. 저작인격권이란 자기의 정신적 출생자(brain child)인 저작물을 공표할 것인지 말 것인지, 자기 저작물에 자신의 이름을 표시할 것인지 말 것인지, 혹은 자신의 저작물에 변경을 가할 것인지 말 것인지를 결정할 수 있는 권리이다.


Information Provided By: : Aladin

Author Introduction

송영식(지은이)

서울대학교 법과대학 졸업 / 제10회 사법시험 합격 / 서울대학교 사법대학원 수료 서울민사지방법원 판사 등 역임 / 변호사, 지적재산법 판례연구회 회장 [저서] 「송영식 지적소유권법」(공저) 외 다수 [논문] “특허법 제155조를 둘러싼 문제점” 외 다수

이상정(지은이)

서울대학교 법과대학 졸업 / 서울대학교 대학원 수료(석사·박사) 경희대학교 법학전문대학원 명예교수 / 한국디지털재산법학회 고문 [저서] 「송영식 지적소유권법」(공저), 「산업디자인과 지적소유권법」 외 다수 [논문] “상표권침해에 대한 민사적 구제” 외 다수

Information Provided By: : Aladin

Table of Contents

CHAPTER 1 총 설 

제1절 서 설 ··································································································· 1 
Ⅰ. 저작권법의 기본 구조 ··············································································· 1 
Ⅱ. 지적소유권과 지적재산법 ········································································· 3 
1. 지적소유권의 의의 / 3 2. 지적소유권제도의 발전 / 5 
3. 지적재산법 / 6 

제2절 저작권법의 연혁 ··················································································· 7 
Ⅰ. 저작권제도의 연혁 ···················································································· 7 
1. 인쇄술이 가져온 혁명 / 7 2. 인쇄특권제도와 검열 / 8 
3. 최초의 저작권법 / 9 4. 지적소유권으로서의 저작권 / 10 
Ⅱ. 우리나라의 저작권제도 ··········································································· 12 
1. 서 언 / 12 2. 1908년 저작권령 / 12 
3. 1957년 저작권법의 제정 / 13 4. 1986년 저작권법의 개정 / 14 
5. 1987년 이후의 개정 / 15 

CHAPTER 2 저작권법 

제1절 저작권제도의 목적과 저작물일반 ······················································· 16 
Ⅰ. 저작권제도의 목적 ·················································································· 16 
Ⅱ. 저작권제도의 존재이유 ··········································································· 18 
1. 자연적 정의의 원칙 / 18 2. 경제적 이유 / 19 
3. 문화적 이유 / 19 4. 사회적 이유 / 19 
Ⅲ. 저 작 물 ··································································································· 20 
1. 의 의 / 20 2. 저작권의 보호범위 / 24 
3. 저작물의 분류 / 31 

제2절 여러 가지 저작물 ················································································ 34 
Ⅰ. 서 언 ···································································································· 34 
Ⅱ. 저작물의 예시 ························································································· 35 
1. 어문저작물 / 35 2. 음악저작물 / 37 
3. 연극저작물 / 38 4. 미술저작물 / 40 
5. 건축저작물 / 47 6. 사진저작물 / 48 
7. 영상저작물 / 52 8. 도형저작물 / 52 
9. 컴퓨터프로그램저작물 / 57 
Ⅲ. 특수한 저작물 ························································································· 58 
1. 2차적 저작물 / 58 2. 편집저작물 / 63 
Ⅳ. 보호받지 못하는 저작물 ·········································································· 68 
1. 국민에게 널리 알려져야 할 저작물 / 68 
2. 시사보도 / 69 

제3절 저작자 ································································································· 70 
Ⅰ. 의 의 ···································································································· 70 
Ⅱ. 저작자 추정 ····························································································· 73 
Ⅲ. 저작자와 저작권자 ·················································································· 74 
1. 저작권자 / 74 2. 저작권자 추정 / 75 
3. 추정의 효과 / 75 
Ⅳ. 특수한 경우 ····························································································· 75 
1. 업무상 저작물 / 75 2. 공동저작물 / 78 
3. 대 작(代作) / 82 4. 감수, 교열 / 82 
5. 월북(재북)작가의 저작물 / 82 6. 외국인의 저작물 / 83 

제4절 저작권일반 및 등록제도 ······································································ 83 
Ⅰ. 저 작 권 ··································································································· 83 
1. 의 의 / 83 2. 저작권의 발생: 무방식주의 / 84 
3. 저작권의 법적 성격 / 84 
Ⅱ. 저작권과 다른 권리와의 관계 ································································· 88 
1. 저작권과 디자인권 / 88 2. 저작권과 상표권 / 89 
3. 저작권과 소유권 / 90 
Ⅲ. 저작권제도와 등록 ·················································································· 91 
1. 서 언 / 91 
2. 우리 법이 인정하는 등록 및 등록기관 / 92 
3. 저작권법상의 등록 / 92 4. 저작재산권의 변동 등에 관한 등록 / 94 
5. 등록의 절차 / 96 6. 권리자 등의 인증 / 97 

제5절 저작인격권(moral right, droit moral) ··················································· 99 
Ⅰ. 의 의 ···································································································· 99 
Ⅱ. 공 표 권 ··································································································· 99 
1. 의의 및 내용 / 99 2. 공표 동의의 추정 및 의제 / 101 
3. 다른 법과의 관계 / 102 
Ⅲ. 성명표시권 ···························································································· 102 
Ⅳ. 동일성 유지권 ······················································································· 106 
Ⅴ. 공동저작물의 저작인격권 ····································································· 119 
Ⅵ. 저작자 사후의 인격적 이익의 보호 ······················································· 120 

제6절 저작재산권 ························································································ 121 
Ⅰ. 서 언 ·································································································· 121 
Ⅱ. 저작재산권의 종류 ················································································ 122 
1. 복 제 권 / 122 2. 공 연 권 / 124 
3. 공중송신권 / 124 4. 전 시 권 / 125 
5. 배 포 권 / 127 6. 대 여 권 / 128 
7. 2차적 저작물 작성권 / 129 8. 그 밖의 권리들 / 130 

제7절 저작재산권의 제한 ············································································ 136 
Ⅰ. 서 설 ·································································································· 136 
Ⅱ. 자유사용 ································································································ 136 
1. 서 언 / 136 2. 우리법상 저작재산권의 제한 / 137 
3. 저작권 제한과 출처명시 / 186 4. 프로그램저작권에 적용제외 / 188 
5. 저작재산권의 제한과 저작인격권 / 188 
Ⅲ. 저작물 이용의 법정허락 ········································································ 188 
1. 개 설 / 188 2. 우리법상 법정허락제도 / 189 
Ⅳ. 저작권의 시적 한계 ··············································································· 191 
1. 서 설 / 191 2. 보호기간의 원칙 / 192 
3. 보호기간의 특례 / 192 4. 기타의 소멸 원인 / 193 

제8절 저작인접권 ························································································ 194 
Ⅰ. 서 언 ·································································································· 194 
Ⅱ. 저작인접권의 주체와 객체 ···································································· 195 
1. 주 체 / 195 2. 객 체 / 195 
Ⅲ. 저작인접권의 내용 ················································································ 197 
1. 실연자의 권리 / 197 2. 음반제작자의 권리 / 202 
3. 방송사업자의 권리 / 204 
Ⅳ. 보호기간 ································································································ 205 
1. 권리 발생 / 20 2. 보호기간 / 205 
3. 상호주의의 적용 / 206 
Ⅴ. 권리의 제한·양도·행사·소멸 ·························································· 206 
Ⅵ. 저작권과의 관계 ···················································································· 207 

제9절 제작자 ······························································································· 207 
Ⅰ. 서 설 ·································································································· 207 
Ⅱ. 데이터베이스제작자 ·············································································· 207 
1. 서 설 / 207 2. 보호받는 데이터베이스 / 209 
3. 데이터베이스제작자의 권리 / 209 
4. 데이터베이스제작자의 권리제한 / 210 
5. 보호기간 / 210 
6. 데이터베이스제작자 보호와 콘텐츠제작자의 보호 / 211 
Ⅲ. 영상제작자 ···························································································· 211 

제10절 배타적 발행권 및 출판권 ································································ 216 
Ⅰ. 배타적 발행권 ······················································································· 216 
1. 서 설 / 216 2. 배타적 발행권의 설정과 등록 / 217 
3. 배타적 발행권의 내용 / 219 4. 배타적 발행권자의 의무 / 220 
5. 저작자 등의 권리 / 221 
6. 배타적 발행권 소멸 후의 복제물의 배포 / 222 
Ⅱ. 출판과 출판권: 출판에 관한 특례 ························································· 222 
1. 출판의 의의 / 222 2. 출판권의 설정 / 224 
3. 출판권의 내용 / 225 

제11절 저작권의 양도 등과 신탁관리·대리중개업 ··································· 230 
Ⅰ. 서 설 ···································································································· 230 
Ⅱ. 저작재산권의 양도 등 ··········································································· 230 
1. 저작재산권의 양도 / 230 2. 저작물의 이용허락 / 233 
3. 저작권의 질권설정 / 236 4. 공동저작물의 저작재산권의 행사 / 236 
Ⅲ. 저작권 신탁관리·대리중개업 ······························································ 237 
1. 개 설 / 237 2. 위탁관리업의 허가 등 / 238 
3. 신탁관리업자의 권리와 의무 / 239 
4. 위탁관리업자에 대한 감독 등 / 240 

제12절 저작권 침해에 대한 구제 ································································ 242 
Ⅰ. 권리침해 ································································································ 242 
1. 권리침해의 의의 / 242 2. 저작권 침해의 형태 / 242 
Ⅱ. 민사적 구제제도 ···················································································· 283 
1. 서 언 / 283 2. 저작권 침해행위 금지청구권 / 284 
3. 손해배상청구권 / 291 4. 공동저작물의 권리침해 / 303 
5. 저작물성이 부정된 경우와 불법행위책임 / 303 
Ⅲ. 형사적 제재 ··························································································· 305 
1. 서 언 / 305 2. 권리의 침해죄 등 / 305 
3. 부정발행 등의 죄(법 137조) / 306 
4. 출처명시 위반의 죄 등(법 138조) / 307 
5. 몰수(법 139조) / 307 6. 친고죄(법 140조) / 307 
7. 양벌규정(법 141조) / 310 
Ⅳ. 행정적 규제 ··························································································· 310 
1. 서 설 / 310 
2. 이른바 오프라인상에서의 불법복제물의 단속 등 / 311 
3. 이른바 온라인상에서의 불법복제물의 단속 등 / 312 
Ⅴ. 침해에 관여된 자의 책임 ······································································· 315 
1. 공동불법행위의 성립여부 / 315 2. 온라인서비스제공자의 책임제한 / 319 
Ⅵ. 대체적 분쟁해결 제도: 조정 및 알선 ····················································· 329 
1. 서 언 / 329 2. 조 정 / 329 
3. 알 선 / 334 

제13절 컴퓨터프로그램 보호 ······································································ 335 
Ⅰ. 보호의 대상 ··························································································· 335 
1. 컴퓨터 프로그램 / 335 
2. 프로그램과 소프트웨어(software) / 337 
3. 적용제외 / 337 
Ⅱ. 프로그램 저작물 저작자 및 저작권 ······················································· 340 
1. 저 작 자 / 340 2. 프로그램 저작재산권의 제한 / 341 
3. 프로그램 저작인격권 및 그 제한 / 343 
4. 침해와 침해에 대한 구제 / 343 
5. 프로그램 임치제도 / 347 
Ⅲ. 게임용 프로그램의 특수성 ···································································· 348 

CHAPTER 3 국제저작권법 

제1절 종래의 조약들 ··················································································· 349 
Ⅰ. 저작권의 국제적 보호의 필요성과 조약의 성립 ···································· 349 
Ⅱ. 문학적 및 예술적 저작물의 보호를 위한 베른협약 ······························· 350 
1. 베른협약의 특색 / 350 2. 베른협약의 내용 / 351 
3. 문 제 점 / 355 
Ⅲ. 세계저작권협약(Universal Copyright Convention: UCC) ·························· 355 
1. UCC의 특색 / 355 2. UCC의 기본원칙 / 356 
3. 개발도상국에 대한 특혜 / 357 
Ⅳ. 로마협약(International Convention for the Protection of Performers, 
Producers of Phonogram and Broadcasting Organization) ························ 357 
1. 연 혁 / 357 2. 인접권협약의 특징 / 358 
Ⅴ. 음반협약(The Phonogram Convention, 1971) ·········································· 359 
1. 성립경위 / 359 2. 본 협약의 특징 / 360 
Ⅵ. 기타 협약 ······························································································· 360 
1. 브뤼셀 위성협약 / 360 
2. 저작권 사용료의 이중과세 방지를 위한 다국간협약 / 361 

제2절 WTO/TRIPs ····················································································· 361 
Ⅰ. 서 설 ···································································································· 361 
Ⅱ. 기본원칙 ································································································ 362 
Ⅲ. 실체규정 ································································································ 362 
1. 개 설 / 362 
2. 저작권 및 저작인접권 분야에 관한 규정의 내용 / 363 
Ⅳ. 집행규정 ································································································ 364 
Ⅴ. 분쟁처리규정 ························································································ 365 

제3절 세계지적소유권기구 저작권조약 및 실연·음반조약 ······················· 366 
Ⅰ. 성립의 경위 ··························································································· 366 
Ⅱ. 저작권조약의 내용 ················································································ 366 
1. 베른협약과의 관계 / 366 2. 저작권의 보호범위 / 367 
3. 저작물 종류의 확대와 권리의 확장 / 367 
4. 저작권 제한규정의 엄격화 / 368 
5. 기술조치 및 권리관리정보에 관한 보호의무 / 369 
Ⅲ. 실연·음반조약의 내용 ········································································· 369 
1. 다른 조약과의 관계 / 369 2. 새로운 개념정의 / 369 
3. 권리의 확장·신설 / 370 
4. 기술조치에 관한 보호의무 및 권리관리정보에 관한 의무 / 371 

■ [부록] 저작권법 ···························································································· 373 
■ 찾아보기 ······································································································ 419

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