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책소개

우리나라에서는 대체적으로 초고속 인터넷과 PC방의 등장으로 게임에 대한 수요가 폭발적으로 증가하여 게임산업의 발전에 큰 영향을 준 것으로 분석되고 있다. 게임의 다양화와 증가하는 수요에 따라 대량의 게임들이 기획ㆍ제작ㆍ유통되어 왔고, 이들 과정에서 필연적으로 저작권 문제가 발생하였다. 가령 짧은 제작 기간 안에 시간과 노력을 줄이고자 대중적으로 인기를 끄는 타회사의 게임을 모방하여 제작하는 사례, 불법 사설 서버를 만들어서 유명게임을 이용할 수 있도록 이용자들을 유인하는 사례 등이 그것이다. 그러나 게임을 저작권법의 관점에서 종합적으로 다룬 책은 많지 않다. 



본서는 게임과 관련한 저작권 문제를 게임 저작권이라는 관점에서 종합적으로 쉽게 풀어쓰고자 한 책이다. 게임에 관한 저작권을 게임 저작권이라고 한다면 게임 저작권의 대상은 게임 저작물이다. 게임 저작물은 컴퓨터프로그램저작물이면서 영상ㆍ미술ㆍ음악 등이 종합적으로 가미된 종합저작물로서의 성격을 갖는다. 따라서 관련된 저작권 문제도 종합적인 성질을 갖는다. 



이러한 관점에서 본서는 게임 저작물의 저작물로서의 특징으로부터 시작하여, 게임의 표절 문제, 게임의 외주제작과 저작자 문제, 게임과 저작인격권 문제, 게임과 저작재산권 문제, 게임에서 저작재산권의 제한 문제 등 전통적인 저작권법이 다루는 문제들을 게임의 관점에서 일별한 후, 이이서 게임과 방송, 게임과 퍼블리시티권, 게임에서 IP라이선싱과 퍼블리싱의 문제, 게임플랫폼의 책임, 게임 등급분류 등 게임과 관련하여 최근 실무에서 문제되는 중요한 논점들을 빠짐없이 언급하였다. 



이 책은 다양한 분야에서 게임 저작권 문제에 관심이 있는 분들을 위해 쓰여졌다. 게임 관련 분야로 앞으로의 진로를 계획하고 있는 학생들에게는 게임저작권에 관한 교과서가 되고, 게임을 기획하고 제작하는 실무자들에게는 저작권 침해를 예방할 수 있는 지침이 되며, 게임 분쟁을 담당하는 법률가들에게는 분쟁해결에 도움이 될 수 있는 판례집이 될 수 있도록, 게임 저작권에 관한 이론, 사례 그리고 국내외 판례들을 담았다.

저자소개

경북대학교에서 영어영문학을 전공한 후, 일본 히토츠바시대학(一橋大學)에서 법학석사 및 법학박사 학위를 취득하였다. 현재 상명대학교 지적재산권학과 교수로 재직하면서 저작권법과 특허법 등을 가르치고 있다.

목차

?옮긴이의 글

1장 게임의 이해

1. 호모루덴스와 게임 ·········································································3

2. 테트리스와 저작권 ·········································································4

3. 게임의 IP활용 ··············································································5

4. 게임의 IP분쟁 ················································································6 

  ??저작권 / 특허권 / 상표권 / 디자인권

5. 게임콘텐츠 당사자간 분쟁 ··························································11 

  ??사업자간 분쟁 / 사업자와 이용자간 분쟁 / 게임 개발 분쟁



2장 게임 저작물 

1. 저작물이란 ····················································································17

2. 저작물 종류에 따른 게임의 법적성질 ·······································19 

 ??어문저작물－시놉시스 / 음악저작물－배경음악 / 미술저작물－게임캐릭터 / 영상저작물 / 컴퓨터프로그램저작물 / 편집저작물

3. 미완성 게임의 저작물성 ·····························································31



3장 게임의 표절 

1. 표절 ······························································································35 

 ??표절이란 / 표절, 오마주, 패러디 

2. 게임표절과 저작권 침해판단 ······················································37 

 ??저작물 성립요건 / 실질적 유사성 판단방법



4장 게임의 권리자 

1. 게임의 저작자 ··············································································59

2. 공동게임물의 저작자 ···································································61

3. 결합게임물의 저작자 ···································································65

4. 업무상 제작된 게임물의 저작자 ·················································66 

 ??업무상 제작된 게임물이 문제되는 경우

5. 외주제작－아웃소싱 ·····································································72 

 ??외주 제작시 권리귀속 문제 / 외주 제작시 주의점 

6. 외국인이 제작한 게임 ·································································75



5장 게임과 저작인격권 

1. 저작인격권이란 ············································································79

2. 저작인격권의 종류 ·······································································80 

 ??공표권 / 성명표시권 /동일성유지권

3. 자동사냥프로그램 ·········································································89



6장 게임과 저작재산권 

1. 저작재산권이란 ··········································································101

2. 저작재산권의 종류 ····································································102 

 ??복제권 / 2차적저작물작성권 / 2차적저작물작성권과 복제권 관계 / 공연권 / 공중송신권 / 배포권 / 진정상품 병행수입 / 대여권 / 전시권



7장 게임과 저작재산권의 제한 

1. 저작재산권 제한이란 ·································································125

2. 저작재산권 제한되는 경우들 ····················································126 

 ??공공저작물의 자유이용 / 학교교육목적 등에의 이용 / 공표된 저작물의 인용 / 영리를 목적으로 하지 아니하는 공연 / 사적이용을 위한 복제 / 미술저작물 등의 전시?복제 / 공정한 저작물의 이용 / 프로그램코드 역분석



8장 게임과 방송 

1. 게임방송의 탄생 ········································································149

2. 게임방송과 저작권 문제 ···························································151

3. 게임 방송사업자들의 저작권법상 지위 ····································152 

 ??방송사업자 / 인터넷 방송 

4. 게임 플레이어들의 저작권법상 지위 ·······································156 

 ??게임플레이어의 지위 / 실연자의 권리



9장 게임과 퍼블리시티권

1. 퍼블리시티권 일반 ····································································167

2. 부정경쟁방지법에 의한 퍼블리시티권 보호 ····························169

3. 퍼블리시티권과 표현의 자유 ····················································171

4. 게임과 퍼블리시티권 ·································································171



10장 IP라이선싱과 퍼블리싱

1. 게임의 일주기 ············································································181

2. 기획?개발 단계에서의 IP라이선싱 ···········································182 

  ??IP 라이선싱 / 게임산업에서의 IP 라이선싱 사례 및 분쟁 / 라이선시 보호

3. 게임물 유통에서의 IP라이선싱 ················································188 

  ??퍼블리싱 계약 / 채널링 계약 / 퍼블리싱 v. 채널링 

4. 퍼블리싱 계약과 데이터베이스 ················································199



11장 게임플랫폼의 책임

1. 게임플랫폼이 책임지는 이유 ····················································207

2. 게임플랫폼의 책임 종류 ···························································208 

 ??직접책임 / 방조책임 

3. 온라인게임 이용계정 삭제와 약관 ···········································215



12장 게임 등급분류

1. 게임물의 등급분류제도 ·····························································219 

??등급분류에 따른 유통규제 / 온라인 게임 결제한도와 그림자 규제

2. 게임물 자율규제 ········································································230