Asia-pacific Journal of Law, Politics and Administration
| Volume 1, No. 1, 2017, pp 13-20 | ||
| Abstract |
Rethinking the distinction between ideas and expressions of musical works
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Abstract
In our copyright law, the requirement to establish a work does not mean 100% creativity, but it is only necessary to reflect the original ideas and feelings of the author. The purpose of the copyright is to protect the rights of authors, but only creative expressions excluding ideas are judged to be protected. Musical works have also distinguished protected expressions and unprotected ideas through copyright infringement cases of the court, but are limited to jurists' limited theory of justice. The theories reflecting the opinions of the creators, that is, the musicians, have not been established or stipulated yet, and the research contents are lacking from the viewpoint of musicians. The part where the interpretation can be distorted by the use of incorrect musical terms in typical cases should be approached and corrected from a musical point of view. Therefore, this study is to reconsider the distinction between the expression and ideas of musical works by adding legal interpretation and interpretation of musical point of view judged from domestic copyright infringement cases.