Nam June Paik’s Video Art from the Perspective of Copyright Law - Conflict between the Artist’s Right of Integrity and the Owner/Curator’s Interpretation -

H. Nam
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Abstract

Among art works, video art, which not only contains formative and pictorial elements, but also adds technology, occupies a unique genre as one of contemporary art in art history. As one of the pioneers, Nam June Paik’s video art is exhibited in Korea’s leading art museums, such as MMCA and SeMA. Before and after his death, there was controversy over whether the video material was arbitrarily changed by the exhibitor (), or the replacement of the CRT that was turned off due to old age or malfunction and how to repair it (). With the artist’s death not knowing exactly what his intentions were, the resulting conflict was thrown into the discussion of the art world. Even though there is a copyright element in these conflicts, it is a pity that copyright experts were not involved in the conflict resolution process, or that there was a copyright discussion about it from outside. In this regard, this paper is not without a sense of delay, but it is hoped that it will provide some legal guidance in this conflict that is likely to recur in the future.
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版权法视域下的白南准录像艺术——艺术家完整权与权利人/策展人解释的冲突
在艺术作品中,影像艺术作为当代艺术的一种,在艺术史上占有独特的体裁,它不仅包含造型和画面元素,还加入了技术元素。白南准的影像作品在MMCA、SeMA等韩国著名美术馆展出。在他死前和死后,关于视频材料是否被展览者随意更改(),或者由于老化或故障而关闭的CRT是否被更换以及如何修复(),一直存在争议。由于画家去世时不知道他的确切意图,由此产生的冲突被投入了艺术界的讨论。尽管在这些冲突中存在版权因素,但遗憾的是,版权专家没有参与到冲突解决过程中,或者从外部对其进行了版权讨论。在这方面,本文并非没有延迟感,但希望它能在这种未来可能再次发生的冲突中提供一些法律指导。
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