컴퓨터게임 산업보호에 관한 저작권법 규정의 고찰

“Game products” means video products produced so that one can play a game by making use of data processing technology, such as computer programs, or a mechanical device(Article 2.(1), GAME INDUSTRY PROMOTION ACT). It is combined with story, sound, video and image etc. So writer examines the ‘protect rules of computer game’ concerning with cinematographic works, littery works, artistic works, music works, game character, and game item in “Copy Right Act”. A creative work expressed human thoughts and emotions is protected (Article 2.(1), COPYRIGHT ACT), and “computer program work” means a creation expressed in a series of instructions and orders which are directly or indirectly applied within devices having a capability of information processing, such as a computer, in order to obtain specific results(Article 2.(16), COPYRIGHT ACT). Therefore computer game is applied to computer program work, and ’a computer game with creativity’ is protected as a work in Copyright Act. If a scenario of computer game is expressed by letters and have a creativity, it is protected as literary work. Cinematographic work means a creative production in which a series of images (regardless of whether accompanied by sound) are recorded, and which may be seen or concurrently seen and heard through a reproduction by mechanical or electronic devices. So computer game can be protected as cinematographic work. A specific picture in computer game can be protected as artistic works. If the music or sound in computer game has creativity, it is protected as musical works in Copyright Act. The game items also can be protected, if it fulfills a creative identity. The game item is functioned in computer game program, so it is a digital image. It is not taken a work in Copyright Act.