온라인 환경에서의 음악저작물 보호와 강제허락 - 소리바다사건과 미국의 Napster, Grokster 사건의 비교

• 영문명: Copyrights Protection of Musical Works and Compulsory Licensing in the On-line Environment- Comparison of Soribada Cases and Napster, Grokster Case
• 발행기관: 중앙대학교 법학연구원
• 저자명: 서헌제(Suh Hun-Je)
• 간행물 정보: 『법학논문집』法學論文集 第30輯 第1號, 299~337쪽, 전체 39쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.08.30

영문 초록

  Soribada Cases of Korea and Napster, Grokster Cases of US are reviewed in this paper from the viewpoint of comparative law basis. US and Korea are well known as leaders in the internet technology like P2P service and millions of netizens have been enjoying the MP3 music files through the file sharing program of Soribada and Napster, Grokster ets., But courts of both nations condemned those revolutionary technology by reason of indirectly infringing the copyrights of recording industry.
  As the marketplace becomes more developed, the role of copyright becomes more complex. In particular, advances in technology have made it infinitely easier for people to duplicate copyrighted work. Traditionally, copyright law is seen as a response to a public goods problem. Granting that technological innovation can significantly alter the market for copyrighted work, courts are now faced with a situation in which they must balance the public benefit of enforcing a copyright against the public cost of chilling innovation. If technology providers are exposed to liability for the copyright infringement of their end users, this could greatly deter future innovation. On the other hand, in many instances, if content industries could not rely on contributory liability, they would have no efficacious way to enforce their copyrights and thus less incentive to produce copyrightable works.
  In the end, there is no perfect resolution to the difficulty created by the tension between copyright and technology, as any solution will unavoidably involve some trade-off between these competing interests. The mandatory licensing scheme will provide fair compensation to copyright owners while giving network owners more certainty as to risk consequently spurring innovation and avoiding irreparable damage to Internet growth. This plan will also protect fair use by forcing content owners to determine when they require or deserve compensation, rather than forcing payment for every use. All the legal uses of the network will be safeguarded and at the same time copyright owners will be compensated.

목차

Ⅰ. 서론
Ⅱ. 소리바다사건
Ⅲ. 미국의 Napster, Grokster 사건
Ⅳ. 검토
Ⅴ. 제언-강제허락제도
〈Abstract〉

키워드

P2P MP3 냅스터(Napster) 그록스터(Grokster) 소리바다(Soribada) 기여책임(contributory liability) 대위책임(vicarious liability) 저작권(copyright) 강제허락(mandatory licensing)