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A Study on the Protection Method of Traditional Dance Works

  • The Korean Journal of Dance Studies
  • Abbr : KRSDS
  • 2020, 78(2), pp.71-91
  • DOI : 10.16877/kjds.78.2.202006.71
  • Publisher : The Korean Society for Dance Studies
  • Research Area : Arts and Kinesiology > Dance
  • Received : May 8, 2020
  • Accepted : June 17, 2020
  • Published : June 30, 2020

Minsuh Shin 1

1중앙대학교

Accredited

ABSTRACT

The protection of traditional dance works cannot be attained by one legal system, so it should be approached from a variety views. The purpose of this study is to suggest methods to protect of traditional dance works from the perspectives of copyright law. This study reviewed the protection system of traditional dance, and examined relevant domestic and foreign precedents, papers and articles to derive implications and explore protection measures. I concluded that the elements of traditional dance that have been handed down before were difficult to protect and were a public domain with traditional public nature. It was confirmed that in order for traditional dance creations to become works protected by copyright laws, high creativity must be recognized. Dancers and choreographers should be wary of strong insistence on author's property right of traditional dance with weak commerciality, but the moral rights of traditional dance should be protected.

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