화폐와 저작권

Abstract

The main purpose of this paper is to examine currency and copyright, which have recently become hot topics in our society.
 The currency issued by the Bank of Korea is legal tender and serves as a means of payment and is also subject to monetary policy. Types of currency include bank notes, coins, and commemorative coins.
 In Chapter 2, the author looked at whether currency is a work in terms copyright, a work of applied art, small coin theory, and a public work through examples and interpretation of German legislation and Korean legislation. Personally, I think that currency sufficiently satisfies the requirements for establishing a copyrighted work. In addition, currency has a strong characteristic as a work of applied art, and in the case of coins, it is likely to fall under the theory of small coins. However, there are some questions as to whether it is a public work and, if so, who is responsible for managing it.
 In Chapter 3, after examining the legal provisions related to currency in the German and Swiss copyright laws, the author looked at the interpretation of the relevant provisions in Germany and the case of the 10 Euro commemorative coin. The German court ruled that the 10 Euro commemorative coin did not fall under the so-called official work under Article 5 of the German Copyright Act.
 In the case of stamps similar to currency, there is also a case where it is said that it is a work of official service. In the case of Switzerland, means of payment are clearly defined as works that are not protected, and I introduce a case related to the 20 Frankenbank note of 1973.
 In Chapter 4, the author developed a theory of interpretation regarding cases where private works are included in public works.
 In Chapter 5 the author briefly commented on currency and copyright and mentioned that copyright issues may also arise with commemorative coins, securities, and souvenirs in the future.