정보수집물 보호에 관한 미국의 입법과 판례 동향에 관한 연구

• 영문명: The Study on U.S. Legislations and Court Precedents on the Protection of the Collection of Information
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 한지영(Jee-Young Hahn)
• 간행물 정보: 『비교사법』比較私法 제13권 제1호, 705~739쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.03.01

영문 초록

  Database plays the role of producing valuable resources from information by making it possible to systematically use and manage information which derives from human activities in the field of economy, industry, society and culture. However, even though database requires substantial investment in producing it, there is a serious problem in that it is very easy to reproduce and exploit it without permission.
  The Copyright Act of Korea, with the recent amendment in 2003, states articles for providing legal protection of database through the copyright system. However, considering that the legal protection of database is at its early stage and each country in the world tries diverse methods, questions arise whether it is appropriate to protect database as an exclusive right under the Copyright Act.
  The protection of database substantially results in imposing restrictions on free use and free trade of information, which constitutes the contents of database. Accordingly, the policy decision should be made to select the method of protection that strikes the proper balance between the need to protect the producer’s investment and the need to safeguard free use of information. The method of exclusive right causes concerns of information monopoly by unnecessarily restricting the free trade of information, and also it is contrary to the Constitutional system, which allows property right especially to the creative works.
  This article introduces the U.S.’s efforts to reach the balance and harmonization between the interest of database producer and information user. In the U.S., database is still protected by the traditional remedies such as copyright, misappropriation, or trespass to chattel. Because there are, however, conditions and limitation in applying them, Congress has introduced several bills for database protection from 1996. Although the early bills include exclusive right of database, the most recent bill, H.R.3261, supports a narrowly tailored misappropriation statue, which seems to be more appropriate for providing protection of database and preserving free access to information. Considering the diverse and foregoing methods adopted in the U.S. is expected to be a great help to find out the most proper way of database protection in our legal system.

목차

Ⅰ. 서론
Ⅱ. 창작성에 기초한 보호
Ⅲ. 정보의 부정이용(misappropriation) 금지
Ⅳ. 불법행위법상의 침해(trespass) 금지
Ⅴ. 새로운 입법적 시도
Ⅵ. 결론
[참고문헌]
【ABSTRACT】

키워드

데이터베이스 미국 저작권법 부정이용(misappropriation) H.R.3531 H.R.2652 H.R.354 H.R.1858 HR.3872 H.R.3261 H.R.3872 Database the U.S. Copyright Act Misappropriation