저작권법상 온라인서비스제공자의책임에 대한 고찰 －2011년 개정 저작권법을 중심으로－ (A Study on the Liability of Online Service Providers under the Copyright Act －Centered on 2011 Amendments to the Copyright Act－)

서지정보

· 발행기관 : 한양법학회
· 수록지 정보 : 한양법학 / 23권 / 4호 / 211 ~ 236페이지
· 저자명 : 김용섭

초록

New technologies lead to new forms and uses for copyrighted works, which in turn lead to the appearance of new forms of copyright infringement that were hitherto unforeseen. While the Internet allows users to access and use the information they need anytime, it also serves as a readily accessible route for copyright infringement. Thus has been cited the need to prevent copyright infringement and monitor against illegal works on the Internet, in relation to which online service providers (OSP) have been identified and even mandated as actors to perform this role. In Korea, following the legislation of exemption provisions on March 27, 2003, the issue of liability for online service providers under the Copyright Act has evolved through further clarification and specification of the scope of exemption. Laws regarding the liability of OSPs were amended twice, on June 30, 2011, and December 2, 2011, to prepare for the domestic implementation of the Korea-US and Korea-EU free trade agreements. This has led to a wide range of changes, e.g., liability provisions regarding OSPs being subdivided, court orders issued against OSPs, information about persons copying and transmitting being provided and amendments being made to legal provisions stipulating the collection of illegal works. Through the recent two rounds of amendments performed in 2011, in preparation of the Korea-EU and Korea-US FTAs, the exemption scope of OSPs has been specified to a much more detailed extent, and with OSPs being awarded impunity according to whether they meet the necessary criteria, hopefully it will be possible, at last, to resolve the majority of issues related to the liability for OSPs.
It can be agreed in principle that OSPs who, in the name of sharing information on the Internet, enable illegal trafficking of copyrighted works should be held liable to a certain extent. However, excessive regulation on these lines could greatly impede the functionality of the Internet, infringe on freedom of expression and lead to censorship or other societal problems, and thus legislation and legal application should proceed in a careful manner. The Copyright Act should endeavor to ensure not only the protection of copyright holders’ rights but the fair use of copyrighted material as well.

영어초록

New technologies lead to new forms and uses for copyrighted works, which in turn lead to the appearance of new forms of copyright infringement that were hitherto unforeseen. While the Internet allows users to access and use the information they need anytime, it also serves as a readily accessible route for copyright infringement. Thus has been cited the need to prevent copyright infringement and monitor against illegal works on the Internet, in relation to which online service providers (OSP) have been identified and even mandated as actors to perform this role. In Korea, following the legislation of exemption provisions on March 27, 2003, the issue of liability for online service providers under the Copyright Act has evolved through further clarification and specification of the scope of exemption. Laws regarding the liability of OSPs were amended twice, on June 30, 2011, and December 2, 2011, to prepare for the domestic implementation of the Korea-US and Korea-EU free trade agreements. This has led to a wide range of changes, e.g., liability provisions regarding OSPs being subdivided, court orders issued against OSPs, information about persons copying and transmitting being provided and amendments being made to legal provisions stipulating the collection of illegal works. Through the recent two rounds of amendments performed in 2011, in preparation of the Korea-EU and Korea-US FTAs, the exemption scope of OSPs has been specified to a much more detailed extent, and with OSPs being awarded impunity according to whether they meet the necessary criteria, hopefully it will be possible, at last, to resolve the majority of issues related to the liability for OSPs.
It can be agreed in principle that OSPs who, in the name of sharing information on the Internet, enable illegal trafficking of copyrighted works should be held liable to a certain extent. However, excessive regulation on these lines could greatly impede the functionality of the Internet, infringe on freedom of expression and lead to censorship or other societal problems, and thus legislation and legal application should proceed in a careful manner. The Copyright Act should endeavor to ensure not only the protection of copyright holders’ rights but the fair use of copyrighted material as well.

참고자료

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