論我國著作權法關於戲劇、舞蹈著作之定義、要件與範圍－以美國法為中心

A Study on the Definitions, Elements, and Boundaries of Dramatic and Choreographic Works in Taiwanese Copyright Law: From the Aspect of the U.S. Legal System

隨著時代演進，戲劇、舞蹈等著作漸朝多元且非傳統之方向發展，持續為著作權法有關戲劇、舞蹈著作之理解與界定帶來挑戰，釐清並且建立戲劇、舞蹈著作之定義、要件與範圍，有其實際且迫切之需求。然而，我國自1985年將戲劇、舞蹈納為著作權法法定著作類型至今，幾乎未見任何立法或學術之關注與討論。有鑑於此，本文擬借重戲劇、舞蹈等藝術領域已然蓬勃發展許久，且近年對我國著作權立法有相當程度影響力之國家—美國之立法與實務經驗，比較、檢討並且完善我國著作權法關於戲劇、舞蹈著作定義、要件與範圍等方面之原理與判斷，進而提出本文之看法與建議，以供各界參考與應用。

 

With the progress of the times, the creation of dramatic and choreographic works has gradually gone non-traditional, diversified, and fusional. The understanding and definition of dramatic and choreographic works has thus been severely challenged. Given the foregoing, there is certainly an urgent need to clarify the definitions, elements, and boundaries of dramatic and choreographic works. Surprisingly, lawmakers and scholars have never shown their attention to the issues of dramatic and choreographic works since dramatic and choreographic works became one of the subject matters in Taiwanese Copyright Law. In view of the above mentioned facts, this project will initiate the research on the definitions, elements, and boundaries of dramatic and choreographic works by consulting the experience of the U.S., which has had a long history of dramatic and choreographic creation, since the law of copyright in the U.S. has a considerable influence on copyright legislation and judicial decisions in Taiwan. Through a comparative study between the U.S. and Taiwan, the article will review and examine the deficiencies of the definitions, elements, and boundaries of dramatic and choreographic works in Taiwanese copyright law, and try to provide comments and workable suggestions for future legislation and judicial decisions. Hopefully the fruit of the research will spark further concern and discussion about copyright issues of dramatic and choreographic works.