Seminar IV - Kyungshin Park
The 4th seminar of the DOOSAN Curator Workshop was conducted by Kyungshin Park, a professor at Kyunghee Cyber University, on the subject of "Copyright and Contracts for Curators". As demonstrated by the recent controversy about the restoration or the removal and reinstallation of the posthumous works by Nam June Paik and Oppenheim in Korea, there is a variety of complex issues to be considered by the parties of the contract in the field of visual art. Accordingly, the curator needs to be equipped with the knowledge of relevant laws, and this seminar focused on such issues with a specific focus on copyright law.
The seminar began by examining the concept of the work protected by copyright law. The discussion centered on the fact that although the originality of the work must be secured firsthand, the standard of originality that is applied is surprisingly not very high. It also observed the idea that, while idea and expression are distinguished, the former is not protected by copyright law. The seminar discussed concrete examples based on such ideas and explored situations that could be faced by curators.
Some other issues talked about in the seminar focused on a variety of issues which a curator must know as someone who performs diverse roles according to given situations that change every time. These issues included the mechanism through which ideas such as exhibition proposals could be protected, cases in which collaborating artists and designers must make prearrangements in relation to ‘applied art work,’ the differentiation between the artist and the copyright holder, and the concept of ‘Authorship of a Work Made’ and ‘Joint Work.’
Park concluded the seminar with the emphasis on the idea that "copyright is a bundle of rights." As opposed to the conventional notion, ‘copyright’ demands a multi-faceted understanding of the word as it encompasses property rights, public transmission rights, exhibition rights, distribution rights, rental rights, and the right to create derivative works.
Participants in the workshop felt they needed more time to discuss the specific cases of their experiences and decided to have one more seminar for a more intensive session of Q&A on writing contracts and art work production.